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...THE... 



School Law of Indiana 






. . AND THE 



STATE CONSTITUTION, 



With Annotations. 



ISSUED BY 
DAVID M. GEETING, 

Superintendent of Public Instruction. 



INDIANAPOLIS: 

August I, 1897. 



TABLE OF CONTENTS. 



PAGE. 

Introduction 17 

Legal Duties of School Officials 33 



CHAPTER I. 

SEC. CONSTITUTIONAL PROVISIONS. 

1. Common schools 43 

2. Common School Funds 44 

3. Principal, a perpetual fund , . 45 

4. Investment and distribution 45 

5. Eeinvestment 46 

6. Counties — Liability 46 

7. Trust funds inviolate 46 

8. Superintendent of Public Instruction 47 

CHAPTER II. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

9. Superintendent 48 

10. Commencement of term — Oath 48 

11. Duties— Office— Clerks 48 

12. Report to Governor 49 

13. Report to General Assembly 49 

14. Duties 50 

15. Traveling expenses 50 

16. Supervision of school funds 50 

17. May require reports 51 

18- Blanks and forms 51 

19. Forms of bookkeeping 51 

■20. Shall publish School Law 52 

21 . Journals, etc. , to Libraries 52 

CHAPTER III. 

STATE BOARD OF EDUCATION. 

22. State Board of Education 52 

23. Duties and powers 53 

24. State certificates 54 

25. Pay and mileage of Board 55 



CONTENTS. 



CHAPTER IV. 

SCHOOL BOOKS. 
SEC. PAGE. 

26. State Board of Education a Board of School Book Commissioners. . 56 

27. Advertise for bids 57 

28. Open bids 58 

29. May procure manuscripts * . 59 

30. State not liable 60 

31. Governor's proclamation 60 

32. Trustee's duty 60 

33. Quarterly reports 61 

34. Superintendent to enter suit 62 

35. Superintendent's special bond 62 

36. Exports to contractors 62 

37. Sale for more than contract price a misdemeanor 63 

38. Embezzlement 63 

39. Appropriation — laws repealed 64 

40. Advertise for bids 64 

41. Trustees to make requisitions first Monday of June 65 

42. Trustees to acknowledge receipt of books 65 

43. Books for poor or indigent children 67 

44. Reports to Commissioners and County Superintendent 67 

45. Appropriation 67 

46. Suit on Trustee's bond 68 

47. County Superintendent's special bond 68 

48. Superintendent's report to contractor 69 

49. Failure to report — Embezzlement 69 

50. Books to be uniformly used 70 

51. Duty of contractor 70 

52. Name and price of books on cover 71 

53. State Superintendent's duty 71 

54. Act supplemental 72 

55. Contractors to file consent 72 

56. Sale to merchants or dealers — Trustee's report 73 

57. Ofiicers to supply sufficient books 74 

58. Duty of merchants and dealers 74 

59. County Superintendent to make report 75 

60. Officers failing to report — Right of action 75 

61. Failure to report at expiration of term — Embezzlement 75 

62. Sale for more than contract price a misdemeanor 76 

68. Contractors to file consent for revision of books 76 

64. Author to revise — County and State Superintendent to scale requi- 
sition 77 

05. Intermediate grammar or language lessons 80 

66. State Board to meet— Notice 81 

67. Frequency of revision — Geographies 81 

68. Standard of revision — Contractor's bond 81 

69. Appropriation 82 



6 SCHOOL LAW OF INDIANA. 

SEC. PAGE. 

70. New bond 82 

71. State Superintendent's duty 82 

72. Act supplemental 83 

CHAPTEE V. 

COTINTY SUPERINTENDENT. 

73. County Superintendent 83 

74. Shall examine teachers 87 

75. May revoke license 90 

76. Examinations — License . 91 

77. Record-book — Report to Siate Superintendent 91 

78. General duties 92 

79. When must enumerate 93 

80. Annual reports 94 

81. Apportionment — Report 95 

82. Compensation 95 

83. Duty as to apportionment 97 

84. Duty as to School Fund 97 

CHAPTER VI. 

COUNTY BOARD OP EDUCATION. 

85. County Board of Education 98 

CHAPTER VII. 

ADMINISTRATION. 

86. School township 101 

87. Towns and cities 104 

88. School Trustees in cities and towns 105 

89. Town refusing to elect School Trustees — Township Trustee controls 109 

90. Trustees' bonds —Vacancy 110 

91. Trustees manage revenues — Reports Ill 

92. Record — Duty as to revenue 115 

93. Annual statement 116 

94. General duties 116 

95. Superintendent in cities and towns 122 

96. Joint grade schools 122 

97. Kindergartens 123 

98. Night schools 123 

99. Age of pupil 123 

100. Surplus special school revenue 123 

101. Things legalized 124 

102. Teachers' report 124 

103. Trustees' reports , • • • • -' ^'^ 

104. Failure to report 126 

105. Neglecting duties 126 



CONTENTS. 7 

SEC. PAGE. 

106. Failing to serve 126 

107. Trustees' accounts 127 

108. Examination of Trustee and his books 127 

109. Correction of accounts — Removal 127 

CHAPTEE VIII. 

TAXATION. 

110. State Tax 127 

111. Uniform tax 128 

112. Special tax 128 

113. Assessment and collection 130 

114. Local tax for tuition 130 

115. Local tax, how applied 131 

1 1 6. Special tax to pay debts 132 

117. Tax to complete town school house and to support town schools. . . 133 

CHAPTEE IX. 

ENUMERATION. 

118. Trustee to take — His duties — Who enumerated 133 

119. Transfer 137 

120. Transfer to adjoining county 139 

121. Enumeration, where filed — Eetaking 140 

122. Township in two or more counties — Eeport 140 

CHAPTEE X. 

APPORTIONMENT OP REVENUE. 

123. To be semi-annually 141 

124. Eeports of County Auditors 141 

125. When and what County Auditor reports 141 

126. When Congressional township divided 142 

127. Auditor failing to report 142 

128. Apportionment among counties 143 

129. Printed statement 143 

130. Payment to counties 143 

131. Payment of excess 144 

132. Unapportioned balances 145 

133. County Auditor's apportionment 145 

134. Interest on Sinking Fund 147 

135. Surplus Dog Tax Fund 147 

CHAPTER XL 

SCHOOLS IN CITIES AND TOWNS. 

136. Bonds for school buildings 149 

137. Use of proceeds 150 

138. Special tax 1 51 

139. Condition for building 152 

140. Surplus special school revenue 15S 



SCHOOL LAW OF INDIANA. 



CHAPTER XII. 

SCHOOL SYSTEM IN LAUGE CITIES. 

SEC. TAGE. 

141. School system 154 

142. School districts 154 

143. Organization — Term — Vacancies 155 

144. Duties and powers 156 

145. Tax Collectors and payments 158 

146. Sessions — Record — No pay 158 

147. General School Law in force 159 

148. Temporary loans 159 

149. Bonds to pay debts 159 

150. Bonds in cities 160 

151. Manual training schools 160 

152. Teachers and instructors 161 

153. Tax to support schools • 161 

CHAPTER XIII. 

SCHOOLS AND SCHOOL HOUSES. 

154. Bible 162 

155. Uniformity as to time— Numbering 163 

156. Calendar 164 

157. Colored children 164 

158. Indigent children 165 

159. Appropriations for indigent children 165 

160. Branches taught 166 

161. Effect of alcoholic drinks and narcotics 167 

162. Teachers examined concerning 168 

163. Failure to teach effects — Dismissal 168 

164. Voters' meetings — School directors 168 

165. Other meetings — Powers 169 

166. Estimate-of expense 171 

167. Changing site of school house , 171 

168. Notice of petition to change 172 

169. Misdemeanor ■ 172 

170. Doors must swing outward 172 

171. Teachers, employment and dismissal 173 

172. Terms for which teachers may be employed 176 

173. Special examination 176 

174. Director's duties 177 

175. He has-charge of the school house 177 

176. Visits school — ^May exclude pupil 177 

177. Appeal to teacher 179 

178. Insulting teacher 179 

179. Title to school property 179 

180. Use -of school house 180 



CONTENTS. y 

PAGE. 

Use of school house 181 

School house, \vhen sold 182 

School house in annexed territory 182 

School house for several townships 183 

Cost of erecting 184 

Donations and bequests 184 

Majority of voters 185 

Sale of bonds 185 

Site for school house — Eminent domain 185 

Appraisers 186 

Appraisement — Payment 186 

CHAPTER XIV. 



TEACHERS INSTITUTES. 

192. Township institutes 

193. County institutes 

194. Schools closed • 

195. Sessions • 



187 
188 
188 
188 



CHAPTEE XV. 



196. 
197. 
198. 
199. 
200. 
201. 
202. 
203. 
204. 
205. 
206. 
207. 
208. 
209. 
210. 
211. 
212. 



213. 
214. 
215. 
216. 
217. 



FREE LIBRARIES. 

In cities and towns 

Libraries in certain cities 

Tax to maintain 

Real estate 

Real estate for libraries 

School and library tax in cities of 30,000 

Countv Treasurer reports to Board of School Commissioners. 

County Treasurer's credits 

Bonds for library buildings 

Paymen t of bonds 

Township Trustee in charge 

Trustee's duties 

Use of books 

Where kept 

"When open 

Tax levy for library 

Tax levy for large library 

CHAPTER XVI. 

GENERAL PROVISIONS. 

Suits, how brought 

Costs 

Process, how executed 

Appeals from Township Trustee 

Appeals from County Superintendent 



189 
189 
190 
190 
190 
191 
192 
193 
193 
194 
194 
195 
195 
195 
195 
195 
196 



197 
197 
197 
198 
199 



10 SCHOOL LAW OP INDIANA. 

SEC. PACJK. 

218. Oaths 200 

219. Women eligible to school othce 200 

220. Bond binding- 201 

221. Trattic in examination qnestions 201 

222. Wlien Township Trustee elected 201 

223. County Commissioners till vacancy 20*2 

224. Power of Township Trustee to incur debt 202 

225. Petition to incur debt 202 

226. Notice of days of business 203 

227. Record of warrants issued 204 

228. Auditing Board investigate Township Trustee's accounts 205 

229. Eecord book of Auditing Board 20() 

230. Report to Circtiit Court — Controverted claims 200 

231. Order of Circuit Court 207 

232. Accepting warrant as payment 207 

233. Appeal 207 

234. Liability of Township Trustee 207 

235. Compensation of x\uditing Board 208 

236. Act construed 208 

237. Laws repealed 208 

CHAPTER XVII. 

COMPITLSORY EDUCATION. 

238. All children must attend school — Age 

239. County Truant Officers — Duties — Misdemeanor 

240. Truant Officers in cities and towns 

241. Compensation of Truant Officers 

242. Terms of Truant Officers 

243. Reports of appointments 

244. Poor children, assistance 

245. "Parental Home " — Incorrigible child 

246. Tax 

247. When child exempt 

CHAPTER XVIII. 

THE FUND. 

248. What constitutes 

249. Estrays and property adrift 

250. Counties liable 

251 . Account of fund 

252. Custody of lands 

253. Leasing lands 

254. Divided school sections 

255. Boundaries of townships 

256. School township, when county lines divide 



CONTENTS. 11 

SEC. PAGE. 

257. Auditor's statement as to children 220 

258. Auditor's duty 220 

259. Account and distribution 220 

260. Duties of the other Auditor 221 

261. Account — Readjustment 221 

262. Power of Trustee 222 

263. Sale of school lands 222 

264. Proceedings to sell 222 

265. Ballots 222 

266. Results of election 223 

267. Certificate of vote 223 

268. Trustee's duty 223 

269. Order and conduct of sale 223 

270. Terms of sale— Timber 224 

271. Forfeiture— Re-sale 225 

272. Forfeiture, how prevented 225 

273. Forfeiture — Liability for waste 226 

274. Suit for waste 226 

275. Private sale 226 

276. Reappraisement 226 

277. Advertisement of funds 226 

278. Reappraisement of forfeited lands 227 

279. Appropriation by Commissioners 227 

280. Certificate of purchase 227 

281. Rights of purchase 228 

282. Failure to make first payment — Penalty 228 

283. Assignment 228 

284. Defective assignments — Proceedings 228 

285. Loan of purchase money , 229 

286. Payment 229 

287. Lost certificate 229 

288. Purchase money, where paid 230 

289. Duty of Auditor 230 

290. Deed 230 

291. Sale— Legalization 230 

292. Title, when complete 231 

293. Sale had without vote 231 

294. Compensation on failure of title 231 

295. Lands of surplus revenue fund, how sold 232 

296. Interest — Judgment 232 

297. Advertisement of funds 232 

298. Auditor's duty 233 

299. Appraisement 233 

300. Duty of appraisers 233 

.301. Loans outside of county 234 

302. Limit of loan 234 

303. Certificate as to liens 234 

304. Oath of applicant 235 



12 SCHOOL LAW OF INDIANA. 

SEC. ' PAGE. 

305. Time of loan 236 

306. Limit of loan 236 

307. Acknowledgments and oaths 237 

308. Eecord of mortgages — Priority 237 

309. Auditor's duty 237 

310. Fees 238 

-311. Interest unpaid — Auditor's duty 238 

312. Collection on default 238 

313. Fund to be specified 239 

314. Form of mortgage 240 

315. Form of note 241 

316. Warrant to borrower 241 

317. Payments — Quietus 241 

318. Indorsements and satisfaction 241 

319. Suit for deficiency 242 

320. Notice of sales 242 

321. Manner of sale — Surplus 243 

322. Auditor's bid 245 

323. Sale of lands bid in 245 

324. Reappraisement of forfeited lands 246 

325. Appropriation by Commissioners 246 

326. Deed by Auditor 246 

327. Statement of sales 247 

328. Title in State without deed 247 

329. Annual report 247 

330. Duty of Boards 248 

331. Board's report 248 

332. Disposition of report 249 

333. Apportionment of loans 249 

334. Miscellaneous school fund, account 249 

335. Distribution and report 250 

336. Penalty against Auditor 250 

CHAPTER XIX. 

STATE NORMAL SCHOOL. 

337. Established 251 

338. Trustees — Corporate name 251 

339. Term of office — Vacancies 251 

340. Organization — Officers 252 

341. Donations 252 

342. Location 252 

343. Contract for building 252 

344. Model school 253 

345. Duty of Trustees 253 

346. Conditions of admission 253 

347. Tuition fee 254 

348. Principle of management 254 



CONTENTS. 18 

SBC. PAGE 

349. Reports 254 

350. Board of Visitors 254 

351. Certificates — Diplomas 254 

562, Pay of Trustees 255 

353. Pay of Treasurer and Agent 255 

CHAPTER XX. 

INDIANA UNIVERSITY. 

354. Recognized 256 

355. Tax for Endowment Fund 256 

356. Application of fund 257 

357. Bond of State 257 

358. Loans by State Auditor 258 

359. Mortgages taken by State Auditor 258 

360. State may borrow fund 258 

361. Trustees — Corporate name— Officers — Powers 259 

362. The first Trustees 259 

363. The first meeting 260 

3G4. Vacancies 260 

365. Pay of Trustees 260 

366. Trustees of Indiana University 260 

367. Trustees' terms expiring 1891, successors 260 

368. Trustees' terms expiring 1893, successors 261 

369. Registry of Alumni 261 

370. Nomination of Trustees 262 

371. Annual meeting of Alumni 262 

372. Metiiod of voting by Alumni 262 

373. Annual meeting 263 

374. Quorum — Temporary appointments 263 

375. Seminary township 263 

376. Interest on loans 263 

377. P^iculty— Powers 263 

378. No religious qualification 264 

379. No sectarian tenets 264 

380. County students 264 

381. Notice to counties 264 

382. Treasurer's bond 264 

383. Board of Visitors 265 

384. Visitors not attending, to be reported 265 

385. Duties of Visitors 265 

386. Duties of Secretary 265 

387. Duties of Treasurer 265 

388. Report to State Superintendent 266 

389. Lectures by faculty 266 

.390. Geological examinations and specimens 266 

391 . Printing annual report 267 

392. Contents of report 267 



14 SCHOOL LAW OF INDIANA, 

SEC. PAGE. 

393. Notice of sessions 267 

394. Buildings and repairs 267 

395. Normal department 267 

396. Agricultural department 268 

397. Scholarships transferable 268 

398. Perpetual scholarships 268 

399. Library 268 

400. State Geologist 269 

401. Fund, how derived — Loans 269 

402. Auditor of State to loan— Duty 269 

403. Form of mortgage 270 

404. Form of note 270 

405. Loans— Security 270 

406. Interest 270 

407. Priority of mortgage 271 

408. Kecording of mortgage 271 

409. Certificate as to liens 271 

410. Abstract of title 271 

411. Auditor's duty 271 

412. Payment 271 

413. Satisfaction 272 

414. Loans, how collected 272 

415. Judgment 272 

416. Notice of sale 272 

417. Sale 272 

418. When Auditor to buy— Ee-sale 273 

419. Limit of bid— Overplus. 273 

420. Statement of sale 273 

421. Title in State, without deed 273 

422. Sale for cash— Certificate 273 

423. Sale on credit 273 

424. Fees and damages 274 

425. Accounts — Reports 274 

426. Accounts with borrowers 274 

427. Interest, when loaned 274 

428. Unsold lands 274 

429. Certificates of payment — Patent 275 

430. Leases 275 

431. Commissioners' report 275 

432. Commissioners' duty 275 

433. Pay of Commissioners 276 

434. Patents, and recording 276 

435. Pay for managing fund 276 

436. Extension of payments 276 

437. Forfeiture, how prevented 276 

438. Forfeited lands ; 276 

439. Appraisement of lands 277 

440. Where filed and recorded 277 



CONTENTS. 



15 



PAGE. 

Duty of County Auditors 277 

Notice of sale 277 

Sale 278 

Terms of sale 278 

Private entrj' 278 

Certificate of purchase 278 

Certificate to be registered -'79 

Certificate assignable 279 

Forfeiture '. 279 

Surplus 279 

Forfeiture, how prevented 279 

Land, how redeemed 280 

Security 280 

Suit for waste 280 

Patent, on full payment 280 

Auditor's report 281 

Treasurer's report 281 

To pay money to State Treasurer 281 

Pay of Auditor and Treasurer 281 

Loans 281 

Disposition of proceeds 282 

Report of sales 282 

One Trustee to attend sales 282 

No member to deal in the lands 283 

Trustees to get information 283 

State Treasurer collects loans 283 

County Auditors loan 284 

Auditor of State can not loan 284 

Counties pay interest 284 

CHAPTER XXI. 



PURDUE UNIVERSITY. 

470. Agricultural college scrip 285 

471. The first Trustees, and original name 285 

472. Sale and investment of scrip 285 

472. Donations accepted 286 

474. Location 286 

475. Purdue University — Permanent name 286 

476. Corporate name — Powers and duties of Trustees 287 

477. Dedication of street 287 

478. Power to dedicate 288 

479. Privileges of John Purdue 288 

480. Amendment or repeal • 288 

481. Appointment of Trustees 288 

482. Term of office 289 

483. Vacancies, how filled 289 



16 SCHOOL LAW OF INDIANA. 

SEC. PAGE. 

484. Officers — Treasurer's bond and duties 289 

485. County students 290 

486. Students 290 

487. Investment of fund 290 

488. Gift to establish Institute of Technology 291 

489. Farmers' Institutes , 292 

490. Time and place of holding Institutes 292 

491. Appropriation 292 

492. Acceptance of United States grant 292 

CHAPTEE XXII. 

TAX FOR INDIANA AND PURDUE UNIVERSITIES AND STATE NORMAL SCHOOIi. 

493. Amount of tax — Division 293 

494. Eepeal of General appropriation — Permanent fund not aflPected . . . 294 

CHAPTEE XXIII. , 

STATE LIBRARY. 

495. Management 295 

496. Election of Librarian 295 

497. Term of office 295 

498. Bond of Librarian 295 

499. Library — When to be open 295 

500. Eemoval of books forbidden 296 

501. Who may use library 296 

502. Use not transferable — Penalty 296 

503. Catalogue 296 

504. Fines 297 

505. Purchasing Board — Appropriation 297 

506. Laws and law books 297 

507. Collection and binding of documents 297 

508. Preservation of laws and journals 298 

509. Legislative papers . . : 298 

510. Exchanges 298 

511. Embezzlement 298 

512. Missing books 299 

513. Salaries 299 

514. Eeport 299 

515. Eemoval of Librarian or Assistants 299 

516. Eemoving books — Misdemeanor 299 

517. Injury to books— Penalty 299 

APPENDIX. 

THE CONSTITUTION OF THE STATE OF INDIANA OF 1851. 

518. Constitution 301 

519. Index to Constitution 336 



L INTRODUCTION. 



A HISTORY OF THE SCHOOL SYSTEM. 

INDIANA COMMON SCHOOL SYSTEM. 

It was on the 10th day of October, 1780, that the corner-stone of our Terri- 
torial system was laid, by the adoption of a resolution in the Continental Congress, 
which declares "that all Territorial lands shall be disposed of for the common 
benefit of the United States, and shall be settled and formed into distinct republi- 
can States, which shall become members of the Federal Union, and have the same 
rights of sovereignty, freedom and independence as the other States." 

It was this resolution that Maryland, one of the landless States, had been 
contending for before she would formally adopt the Articles of Confederation, and 
thereby become one of the "Original Thirteen States." 

Perhaps no single act has so far exceeded the expectations of its promoters as 
has this act of Maryland's refusing to ratify the Articles of Confederation, which 
compelled the Congress to invent the Territorial policy, fraught with such results. 

In 1783, when a treaty of peace was entered into between the United States and 
Great Britain, the skillful diplomacy of Jay, Franklin and Adams gave to us the 
territory conquered through the untiring energy of George Rogers Clark, and the 
boundary of the United States was made the Mississippi on the West and the great 
lakes on the north. 

In 1783 the Legislature of Virginia passed " an act to authorize the delegates 
of Virginia in Congress to convey to the United vStates, in Congress assembled, all 
the right of this Commonwealth to the territory northwestward of the river Ohio." 
This deed was signed by Thomas Jefferson, Samuel Hard, Arthur Lee and James 
Monroe, and the Continental Congress accepted the same. It was Jefferson who 
had so earnestly supported Clark's efforts, and who had done much to urge Vir- 
ginia in her magnanimous gift to the Linited States. He drafted the first ordi- 
nance for the government of this territory, and he might have succeeded in having 
the "ordinance of 1784" adopted had he not been so radical on the slavery ques- 
tion. 

In a letter to Madison he wrote : " The curse of slavery must not be allowed 
to extend to new territory," and he proposed in the "ordinance of 1784" that 
slavery be prohibited south of the Ohio River as well as north of it, and to this 
his own State would not accede. But this prepared the way for a greater ordi- 
nance, that of 1787, and as Jefferson had been sent abroad there is no evidence 
that he was in any way interested in its preparation or adoption. 

The Continental Congress, with hardly enough vitality left to complete its 

brief work, was driven into the passage of this famous piece of legislation, the 

ordinance of 1787, by a few delegates who had remained in session at New York, 

and which stands out as the most brilliant achievement of that remarkable body, 

2 — Sen. Laavs. 



18 SCHOOL LAW OP INDIANA. 

excepting, perhaps, the Declaration of Independence. The necessity of tlie pass- 
age was revenue for tlie General Government, but its most memorable provisions 
were those relating to human rights ; ordaining religious freedom, ofi'ering security 
to both person and property, encouraging education, and dedication of tlie soil to 
freedom forever. Madison said of it that it was the exercise of national sover- 
eignty without the shadow of constitutional authority. "Religion, morality and 
knowledge being necessary to good government and the happiness of mankind, 
schools and the means of education shall be forever encouraged." So familiar 
have these words become in the ^'orthwest that every State that has been organ- 
ized since that time felt under obligations to carry out this provision. The prin- 
ciple of reserving one or more sections has been followed by every State since 
then (excepting West Virginia', and in some very liberal donations have been 
made looking toward the founding of a large permanent school fund It was not 
till 1795, when General Wayne made his famous treaty with the Indians, that the 
lands within the boundaries of Indiana were open to peaceful and permanent set- 
tlement. 

In 1800 Indiana Territory was formed. In 1804 Congress passed an act enti- 
tled "An act making provision for the disposal of the public lands in three land 
districts, viz. : Detroit, Vincennes and Kaskaskia." In 1805 the Detroit district 
became the Territory of Michigan; in 1809 Kaskaskia became Illinois, and In- 
diana assumed her present size. 

THE FIRST PUBLIC SCHOOL A UNIVERSITY. 

The act of 1804, above referred to, provided for the sale of certain lands 
" excepting section numbered sixteen, which shall be reserved in each township 
for the support of schools within the same; also, of an entire township in each of 
the three districts, to be located by the Secretary of the Treasury for the use of a 
seminary of learning." Albert Gallatin, then Secretary of the Treasury, located 
"township 2 south, range il east," now in Gibson County, Indiana, for the use of 
a seminary of learning, as required by this act. 

The act that lies at the foundation of our common school system, and therefore 
vitally important here, is the Territorial act of the First General Assembly of the 
Territtu-y of Indiana, held at Vincennes, entitled "An act to incorporate a Uni- 
versity in the Indiana Territory." This act was approved by Governor William 
Henry Harrison, November 29, 1806. 

The Legislative Council then enacted "that a University to be called and 
known as the Vincennes University " should be established, and it elected a Board 
of Trustees, consisting of twenty-three members, of which Governor Harrison was 
made President. 

The act provided that the Trustees were to establish as speedily as possible 
such University and to appoint a President to govern it, and four professors "for 
the instruction of youth in Latin, French, Greek and English languages, mathe- 
matics, natural philosophy, logic, rhetoric, and the law of Nature and nations." 

It was further provided that no particular tenets of religion should be taught 
in said University, and, whenever the funds of the LTniversity permitted, all 
students were to be educated free of charge. 

The establishment of a separate institution for the education of women and 
the raising of funds through a system of lotteries were also authorized. 



INTRODUCTION. 19 

Vincennes University was the first institution under the act of the Territorial 
Assembly, as it was the first institution of learning in Indiana. The seminary 
township reserved by Congress in 1804 was given to it, and it was also empowered 
to sell four thousand acres and to receive bequests. 

Some time was necessary for the Board of Trustees of Vincennes University 
to make arrangement for the opening of the school, and it was not until 1810 that 
the school was ready for students. Samuel Scott was its first President, he having 
been called to that position unanimously, as he had made somewhat of a reputa- 
tion in Vincennes as the principal of a private school established two years prior 
to that time. The University of Vincennes was in continuous existence till 1825, 
when the Legislature converted it into a county seminary. 

The State gave it no support by taxation, and in 1822 passed an act which 
practically confiscated all the lands belonging to the Vincennes University. 
Something over 15,000 acres of land in the seminary townships of Gibson and 
Monroe counties were sold and the proceeds turned into the State Treasury. In 
1838 the Legislature resuscitated the old corporation of this University, but in- 
serted a clause intended to prevent a renewal of claims taken from it in 1822. 
The suit of 1846 covered all the points at which the State and Board of Trustees 
were at variance. In 1846 the Legislature of Indiana authorized "the Trustees 
of Vincennes University to bring suit against the State of Indiana" to test the 
question of the title to lands held by the several purchasers in Gibson and Monroe 
counties. 

The case went to the Supreme Court of the L^nited States, where a judgment 
favorable to the University was obtained, amounting to a little over S5( ,000. 
After the reorganization according to the enabling act of 1838 and the long period 
of litigation, the year 1853 found Vincennes University again ready to open its 
doors to students. 

FURTHEB TERRITORIAL LEGISLATION. 

Another Territorial act relating to schools was passed in 1808, and provided 
that school lands might be leased for a period not to exceed five years, at the dis- 
cretion of the County Courts. The lessee was required to put under cultivation 
not less than ten acres in each quarter section. 

In 1810 still another Territorial act was passed, in which the County Courts 
were required to appoint trustees of school lands — one to each Congressional 
Township — and the lease provided for in the act of 1808 was modified so as to 
limit the amount of land that any one person might lease to 160 acres, and the 
destruction of timber was prohibited. 

When the enabling act of Congress was passed and the State Convention held 
at Corydon .lune 10 and 29, 1816, a Constitution was adopted. The ninth article 
of it requires the General Assembly "to provide by law for the improvements of 
such lands as are, or hereafter may be, granted by the United States to this State 
for the use of schools, and to apply any funds which may be raised from such 
lands, or from any other quarter, to the accomplishment of the grand object to 
which they are or may be intended." 

In section 2 it is made "the dnty of the General Assembly to provide by la\T 
for a general system of education, ascending in a regular gradation from township 
schools to a State University, wherein tuition shall be gratis and equally open to 



20 SCHOOL LAW OF INDIANA. 

all." The money paid by persons exempt from military duty, except in times of 
war, was to go to the schools, and so were all fines. 

Section 5 is as follows: "The General Assembly at the time it lays off a new 
county shall cause at least 10 per cent, to be reserved out of the proceeds of the 
sale of town lots in the sea,t of justice of such county for the use of a public library 
for such county ; and at the same session they shall incorporate a library company, 
under such rules and regulations as will best secure its permanence and extend 
its benefits." 

In 1849, when the Legislature had voted to submit the question of a constitu- 
tional convention to the people, a new generation had come upon the scene, and 
a new Constitution was as strongly urged by the friends of education as by those 
of commercial and political interests. Not so much because the constitutional 
provision of 1816 was at fault, but because no school system had been perfected 
under it. 

On the 7th of October, 1850, the constitutional convention met, and February 
10, 1851, the new Constitution was completed. It was accepted by the people by 
a vote of three for it to one against it, and on November 1, 1851, it went into 
effect. It requires "the General Assembly to provide by law for the general and 
uniform system of common schools, wherein tuition shall be without charge and 
equally open to all ". 

The second section of Article 9 is as follows: "The common school fund 
shall consist of the Congressional township fund and the lands belonging thereto, 
the surplus revenue fund, the Saline fund and the lands belonging thereto; the 
bank tax fund, and the fund arising from the 114th section of the charter of the 
State Bank of Indiana; the fund to be derived from the sale of county seminaries, 
and the moneys and property heretofore held for such seminaries; from the fines 
assessed for breaches of the penal laws of the State, and from all forfeitures which 
may accrue; all lands and other estate which shall escheat to the State for want 
of heirs or kindred entitled to the inheritance; all lands that have or may here- 
after be granted to the State when no special purpose is expressed in the grant, 
and the proceeds of the sales thereof, including the proceeds of the sales of the 
swamp lands granted to the State of Indiana by the act of Congress of the 2Sth of 
September, 1850, after deducting the expense of selecting and draining the same; 
taxes on the property of corporations that may be assessed by the General 
Assembly for common school purposes." 

The principal of the common school fund can not be diminished, and the 
income must go to the schools. 

The funds are to be properly invested, the counties are made liable for the 
moneys intrusted to them, and are responsible for the payment of the annual 
interest. Trust funds are to be preserved inviolate and devoted exclusively to 
school purposes. It is made tlie duty of the Legislature to provide for the election 
of a Superintendent of Public Instruction. 

The first act relating to schools was passed December 24, 1816, and provided 
"For the appointment of a School Superintendent of the school section in each 
congressional township." The duty of this officer was to lease the lands for a term 
of years in order to have them improved, which proved an advantage to the fund 
when these lands were offered for sale. This same act also provided "that by the 
petition of twenty householders in any congressional township, there should be an 
election of three Township Trustees for school pui'poses." No funds were avail- 



INTRODUCTION. 21 

able at this time for the use of the schools, so these Trustees could do very little, 
althougli the law gave them wide discretionary power. 

The legislation so far had awakened an interest that crystallized into a 
resolution passed January 9, 1821, appointing a committee of seven to prepare 
"for the next session of the General Assembly a bill providing for a general State 
public school system." 

The report of this committee was not completed till 1824, when it took the 
form of a bill, which was almost wholly the work of Benjamin Parke. 

The act was entitled, "An act to incorporate .Congressional Townships, and 
providing for public schools therein." 

The three Township Trustees were continued, who had charge of school lands 
and school funds, and who were emj^owered to divide their townships into districts 
and to appoint sub-trustees in each. They were also authorized to examine 
teachers, establishing the theory that some sort of a test is necessary for those 
desiring to teach in the public schools. School buildings were to be erected by 
the people of the district, and the law levied the tax for that purpose in the shape 
of manual labor. 

The application of this law principle, as established by the courts, gave us a 
fund now called special school revenue. 

Authority to sell the school lands was subsequently obtained from Congress, 
and in 1831 an act supplemental to the one of 1824 was enacted, adding a School 
Commissioner to the official list of school officers of each county who was to act as 
a sort of a financial agent for the local school corporations. 

When a school had been opened the voters of a school district were to decide 
how much local tax, if any, should be levied, the length of school term, but this 
provision was made absolutely ineffective by providing "that no person shall be 
liable for tax who does not wish to participate in the benefits of the school fund." 

Further encouragement was given the cause of education by Congress in 1832 
in removing the restrictions thrown around the grant of the salt lands granted to 
the State of Indiana in 1816, so that in 1833 the State Legislature proceeded to 
sell the same, "the proceeds of which shall be appropriated to the support of 
common schools." 

This was the first positive recognition of the principle of State responsibility 
for the education of its children. 

The law of February 2, 1833, was by far the most elaborate that had been 
enacted, containing 205 sections. The School Commissioner of each county and 
three trustees in each township were retained, and three sub-trustees in each dis- 
trict were required. 

The enumeration of school children was required to be taken, dividing them 
into three classes: (a) Those under five years of age, (b) those between five and 
fourteen years of age, (c) those from fourteen to twenty-one. 

The local idea prevailed largely throughout this law, as the district trustees 
might call meetings of the inhabitants for counsel, and upon petition of five 
householders they were required to do so. Whatever was determined upon by 
such meeting must be carried out by the district trustees. No discretionary 
power was allowed them. 

Since the provisions were optional, we are led to believe that the vState's sys- 
tem of internal improvements of 1831-37 had so burdened the people that the 
cause of education was greatly neglected, and that the dread of taxation practi- 
cally made the operation of the school law a nullity. 



22 SCHOOL LAW OF INDIANA. 

Incompetent teachers through the so-called examinations held by the district 
trustees under this law brought reproach upon the Indiana schools at home and 
distrust abroad. But February 6, 1837, this was, in a measure, remedied by the 
enactment of another law similar in its main features to the one of 1838, except- 
ing there were three examiners appointed by the Circuit Court, and though this 
was far from what it should have been, it was a long step in advance, establishing 
the recognized principle of later years "that any movement toward bettering the 
schools must primarily regard the improvement of the teachers." It was in this, 
the examination and employment of teachers, that a school law first became 
mandatory. 

On the 7th of December, 1841, Governor Bigger, in his message to the Gen- 
eral Assembly, recommended the appointment of an agent to look into and report 
the condition of the school funds of the State. In 1843 the Treasurer of State was 
denominated a Superintendent of Common Schools. He was instructed to prepare 
a report to the General Assembly embodying the following points : (1) The con- 
dition and amount of school funds. (2) The condition of colleges. (3) The con- 
dition of county seminaries. (4) The number and condition of common schools. 
(5) Expenditures of school revenues. (6) Plans for the management of the school 
funds and the better organization of the common schools, and (7) general recom- 
mendations. 

As the members of the General Assembly were gathering at the capital in 
December, 1846, there appeared in the columns of the Indiana State Journal of 
December 7, a "message" from "One of the People." It took the dignified tone 
of a Governor's message, and startled all with brilliant rhetoric and attractive 
array of figures. Its author had come into the State from the East in 1833, and 
during all these years he had made a careful study of the public school problem, 
noting that none of the legislative enactments had met the expectations of the 
friends of popular education. 

So full of helpful suggestions was the paper that Governor Whitcomb voiced 
its sentiments in his official communication. 

The author was Prof. Caleb Mills, and in this " message " and the five which 
followed he discussed the educational needs of Indiana, emphasizing: (1) Want 
of competent teachers. (2) Need of suitable texts. (3) Lack of interest through- 
out the community. (4) Want of funds. And recommending: (1) General tax- 
ation lor the support of the school. (2) Distribution of funds according to the 
school census. (3) Intelligent supervision. 

"In May, 1847, a public meeting of the citizens of Indianapolis was held, at 
which a committee was appointed, consisting of Ovid Butler, Henry Ward Beecher 
and John Coburn, to provide for a general convention of the State's educators and 
the friends of education," says Professor Boone in his "History of Education in 
Indiana." " A circular was issued, including extracts from the recent report of 
the Superintendents of Common Schools, and a call for a meeting on May 26, 1847. 
This was the first of a series of 'State common school conventions,' without an 
understanding of whose influence any study of the next ten years of school agita- 
tion would be only superficial. Their deliberation determined legislation, edu- 
cated public sentiment, conducted campaigns, and generally reformed the systena 
as no individual could have done," continues Professor Boone. " The convention 
of 1847 was presided over by the Hon. Isaac Blackford, continued its session for 
three days and represented in its attendance of three hundred the best thought 



INTRODUCTION. 23 

and the philanthropy of the State. Two committees were appointed — one to lay 
before the Legislature a typical bill, the other to prepare an address to be pub- 
lished and distributed to the people. The committee on legislation, at a conven- 
tion of educators and members of the Assembly, held in the House of Representa- 
tives December 8, 1847, made, through Judge Kinney, a statement of its general 
provisions." The convention in discussing the provisions of this bill agreed upon 
a suggestion that an election should be held and a vote taken upon the question 
of free schools, to be in connection with the Presidential election of 1848. Instead 
of passing the bill recommended by the committee on legislation, one referring 
the question of free schools to a vote of the people was enacted. 

A vigorous campaign was made by the friends of education, in spite of the 
many issues of a somewhat remarkable Presidential campaign, and the act was 
adopted by a large majority. 

On January 16, 1849, the fifth general school law had passed the General 
Assembly, and on the 17th the Governor's signature was attached. The forward 
steps taken in the law were the recognition of public taxation for the support of 
schools, making the township the unit for the distribution of the funds and the 
length of term, both of which are retained in our school law of to-day — the latter 
a phase distinctively Indianian, and of which we are justly proud. 

The errors of that law are shown in section 29, making the public schools 
subordinate to private schools, and section 31, where a ratification of the law was 
necessary to make it binding upon counties. After the question had once been 
submitted to the people and by a large majority, an expression was given author- 
izing the General Assembly to enact certain laws, why that body did not have the 
courage to enforce such acts is a question that can not be fully answered, but it 
shows an utter want of courage on the part of our law-making body. 

The whole question had to be opened up, and the friends of education were 
active, aggressive, and in the end successful, but the adoption did not depend 
upon the vote of the State, but of counties, some of which never assented to the 
law of 1849, but worked under the old law. • 

The difficulties that would have arisen out of such an anomaly can not now 
be approximated, but relief came soon. Two days prior to the passage of the 
educational bill, the Legislature voted to submit the question of a constitutional 
convention to the people. The constitutional convention met, and in it were 
many friends of education, whose work has been mentioned before, and whose 
success is manifest in the Constitution which they framed. It was at this time 
that Professor Mills' sixth "message" was issued, and the only one that received 
official recognition. Five thousand copies were ordered by the State Senate to be 
printed for distribution, thereby extending the influence of this helpful agent 
throughout the State. 

The new Constitution having now gone into effect, a radical change had been 
made in the educational provisions. To solve the problem was the great difficulty 
with which the Legislature of 1852 had to wrestle. After the enactment of the 
law of 1852 came the interpretation of it by the courts as to the constitutionality 
of certain sections. This required time, and for some years little, if any, advance 
was made along the line of a permanent educational policy of the State. 

The agitation of the slavery question and the Civil War still farther delayed 
matters, but the law of 1852, remodeled in the light of the several decisions of the 
courts, was embodied in the act of 1865, the last exhaustive statute on the subject 



24 SCHOOL LAW OF INDIANA. 

of education. This, as amended to date, with a few supplemental sections and 
acts, the most important of which are the act establishing the State Normal School 
(1865), and that creating the county superintendency (1873), and the school 
text-book law ( 1889 ) constitute the school law of Indiana. 

Indiana's ancestry. 

A close analysis of civilization will reveal the fact that there are four funda- 
mental institutions through which the development of any people has been made, 
viz. : The fumUy, the church, society and the State. Every fact of history bears 
directly upon one or more of these, and a study of history is simply a study of 
the development of these factors of civilization. Even in literature, where the 
author's ideal more nearly approaches the truth, perhaps, we see in the "plot" 
simply a development of one or more of these same essential elements. The 
growth of the Indiana school system follows closely these same fundamentals, and 
Ave shall now attempt to trace them from the conception to the present time. In 
discussing any historical fact connected with any State we must begin with the 
two typical colonies of Revolutionary fame. 

The two leading States of the American confederation, in population and 
force of ideas, were without question the two oldest — Virginia and Massachusetts. 
Situated so far apart, and with coordinate rather than conflicting material in- 
terests, they came together without a serious thought of rivalry. Both were 
drained heavily for the cost of the Revolutionary War, but both remained stead- 
fast to the American cause and to one another. The soil of the one State drank 
the blood of the Revolution, and that of the other the last. The social conditions 
of these two commonwealths were very different. 

THE NEW ENGLAND CHARACTER. 

In Massachusetts appeared the fullest type of the New Englander, or 
"Yankee," already far renowned as sharp, clever, tenacious, energetic, aud of an 
encroaching disposition. Here flourished a republic founded on equal rights, the 
most successful experiment of the kind then known. The Legislature of Massa- 
chusetts was an aggregate of towns acting tlirough town representatives. To this 
town system it was largely owing that the political machinery ran so smoothly. 
Town meetings, the unit of self-government, brought men together for a 
primary education in affairs, and the neighborly association of citizens gave 
a powerful impulse to public spirit. Boston was the abode of commerce and 
refinement. And yet the town was not so populous that the public operations 
which most concerned him might elude the keen eye of the private taxpayer. 
Wealth was not monopolized, but nearly all toiled for a living. Climate and soil 
alike favored energy of character, while each inhabitant found a great diversity 
of pursuits to chose from. Public schools had long flourished. Religious 
discipline was universally strict. Though family attachments were strong, 
aristocracy had no deep root. The New England character, strong in wrestling 
with imperfect opportunities and disputations, became busy with the concerns of 
a petty existence; the Yankee was a narrow interpreter of writings, because he 
reverenced ink and parchment; and saving, often niggardly in his economies, 
because, with harsh soil and climate, it was not easy to make a living. But the 
New Englander had backbone, audacity, habits of industry and a conscientious 



INTRO'DUCTIOIN. 25 

disposition. Experience and travel would widen his vision; increasing wealth 
foster a more generous sentiment. Under slight reservation Massachusetts was 
liberalized New England; Boston was liberalized Massachusetts, and liberalized 
Boston carried the heaviest brains in America. 



THE VIIUilNIAN. 

Viginia had very diflerent advantages to boast of. Notwithstanding the 
liberal politics of her most enlightened sons, her institutions were at this time 
essentially aristocratic. 

This was owing partly to the circumstances under which the State had been 
colonized, partly to the enervating climate and spontaneous fertility of the land, 
which tempted those who could afford it to leave work to others and take their 
ease, and partly, of course, to the long continuance of slavery as part of the 
agricultural and social system. Virginia was colonized by gentlemen, and often 
helpless ones at that: blood and )>edigree always ruled in her aflaii's. Tobacco 
was the great staple of a State given over to agriculture, whose great mineral 
resources had been scarcely developed, and whose manufactures and commerce 
were always insignificant. So few were the skilled mechanics in this populous 
State in the early days that a rich planter, who could make lavish display of 
costly furniture and imported plate and linen, lodged not uncommonly in a 
rickety house, with smoky chimneys, broken window panes and doors which the 
ever-welcome guest had'to claw open. Tliere was a dash of chivalry, frankness 
and generosity about the true-blooded Virginian which made his leadership 
irresistible. And what more prolific mother of a nobility was there in the 
eighteeuth century than the Old Dominion? Here Randolphs, Masons and Lees 
were men of ability, men of progress. * * * The poor white of Virginia was 
not an interesting personage. The humbler native, leading a vagabond life and 
subsisting miserably, accepted the low estate to which he was born with little 
ambition to improve it. If a mechanic, his skill rarely went beyond patching a 
shoe or stopping a leaky roof; as a farmer, he left his corn and tobacco to scratch 
their way upward through the ill-dressed ground, while he sauntered idly about 
with his gun. He was, however, good natured, generous according to his means, 
and as hospitable, in a poor way, as the best gentleman he patterned after. He 
was fond of his State and its great men, and loyal to some one of the families who 
contended for the honor of pocketing the borough in wliich he voted. He liked 
political excitement: elequence, of which Virginia had a copious supply, made 
his wild eyes glisten, and when his own candidate gave a sharp thrust, he slapped 
his long shanks and showed his yellow teeth from ear to ear. He, like his 
superiors, had a turn for dissipation and low sports. ® But Virginia 

character had always tiie same bold lines; its best development was invariably in 
the patrician rank, whose vices, as often happens under like conditions, the plebians 
copied more faithfully than their virtues. The Virginian was a born jxditician. 
He commonly received a good education; yet wedded little to books, and growing 
up in an out-of-door atmosphere, he led not so much from force of scholarly 
attainments as from his capacity for profound convictions, his tact and sympa- 
thetic acquaintance with human nature. He did not domineer so offensively nor 
lose his temper so readily as his brethren of a lower latitude. To men of his 
calibre, some special incentive is needful to inspire heroic effort. Such was 
found in the effort to coerce the colonies into tributaries of George III. 



26 SCHOOL LAW OF INDIANA. 



CAVALIER AND PURITAN IN INDIANA. 

From the New England colonies, Virginia, Kentucky and the Carolinas, of 
which Massachusetts and Virginia were typical, came the early settlers of Indiana. 
Draw a line from east to west through Indiana, the line touching the southern 
part of Marion County, and you find the settlers south of this line from Virginia 
and the other southern colonies, and north of it from New England, each bringing 
with them their peculiar ideas, customs and local laws. 

In the northern part of Indiana we find those who favor a strong local 
government, and if at any time they had contemplated centralized State govern- 
ment, the conduct of the mother country during the American Revolution had 
engendered such an intense dislike for a strong centralized government, that the 
principle of such, applied to our public school system, was entirely out of the 
question. A new generation had to be educated, liberalized and driven to see 
the prime necessity of a State-controlled system of schools before a law similar to 
the one of 1852 would be countenanced. 

In the southern part of Indiana there existed the social inequality of the 
parent colonies. To place all on an equal footing before the law meant the break- 
ing down of those social lines that had so long separated the poor from the rich; 
the gentleman from his more humble white neighbor. Not that these people 
were so much opposed to education as to the idea of admitting all to equal priv- 
ileges before the law. Here again was needed "a campaign of education," and 
in the course of time the first settlers had yielded the soil to those more liberal in 
their views, and who were fully persuaded that the State was responsible for the 
education of all its citizens. Under these conditions the local school system of 
the Constitution of 1816 was all that could be expected. 

TRIUMPH OF THE NEW ENGLAND IDEA. 

A fair and impartial trial of this system for forty years, where its weakness 
was easily shown, proved that good arguments were all on the side of a central- 
ized system, supported by general taxation, and in which tuition should be free 
and equally open to all. Our Supreme Court understood this when in 1857 Judge 
Perkins rendered his decision in the case of City of Lafaxjette v. Jenners 10 Ind. 76), 
when he says: "Under our former Constitution we had two systems of common 
schools, the general and the local (the local predominating), and the local had 
broken down the general, and neither had flourished. This was an evil distinc- 
tively in view of the convention that framed the new Constitution, and it was 
determined that the two systems should no longer co-exist; that the general 
system should continue, strenghtened by additional aids, and that the counteract- 
ing local system should go out of existence — should cease." 

THE DIFFICULTIES IT HAD TO OVERCOME. 

Thus, after the adoption of the Constitution of 1852, there was a strong antag- 
onism against the new system, and the courts after long and many delays decided 
against the prevalent idea, that local systems were superior to the general system, 
as unconstitutional. The Civil War came, and the theory "that all men are 
created equal" became a fact — a gi'eat advance toward political equality — while 



INTRODUCTION. 27 

the advance toward social equality was equally great, as shown by the general 
and very liberal school law of 1865 that was enacted, and which, with a few 
changes, is still the law whose workings have attracted the attention of school 
men and legal minds of all our new States and many of the older States, particu- 
larly Michigan, whose State Superintendent of Public Instruction has recom- 
mended the abolition of the district system and the adoption of the township 
system instead. 

No greater social problem has ever come to a people of a State for solution 
than that of Indiana in the perfecting of her unique common school-system; and 
no State has ever had more difficulties, inherent in the people, than those errone- 
ous ideas of society, which took deep root, extending even to the third and fourth 
generations, and which died with the opposition to the school laws of 1865 and 
1873. 



LEGAL CONSTRUCTION OF THE SCHOOL LAW. 

During the years 1854-65 many friends of education thought that the courts 
of Indiana were antagonistic to the ccmmon school system inaugurated by the 
acts of 1852 under the new Constitution, but a careful study of these laws will 
show that they were general laws in appearance only, but local in their applica- 
tion, and the courts interpreted the Constitution correctly, requiring all laws to 
be general, and unmistakably so. 

One erroneous idea, that the local corporations owned the school property, 
prevailed for a long time after the adoption of the new Constitution, but in 
November, 1882, the Supreme Court in an opinion by Judge Kiblaek, took the 
contrary view. Thus we see clearly the school property is the property of the 
State, and that trustees of corporations are agents of the State in managing the 
same. Another decision of our Supreme Court, in an opinion written by Judge 
Elliott, and foun<l in 102 Ind. p. 367, is one in every way worthy of exhaustive 
study. The court assumed the constitutionality of the law authorizing the com- 
mon councils of cities to levy a school tax to be applied to the payment of 
teachers. 

We see here how clearly the courts have established the fact that in our 
system of common schools the local conditions established by law are simply in- 
strumentalities in the administration of the general or State system, and not dis- 
tinct corporations. 

One more very important decision upon this line of argument must be referred 
to, viz.: that found in 122 Indiana, page 462, and relating to the constitutionality 
of the text-book law of 1889. In the argument before the court it was held by 
the attorneys attacking the law that our school system began as a distinct local 
system, aiul that any law which abridged the rights of local self-government was 
unconstitutional and void. 

The Supreme Court, Judge Elliott speaking in substance, said: "The con- 
trol of schools and school afTairs is vested in the law-making power of the State, 
upon the principle that schools are intrinsically matters of State concern, and not 
of a local nature. Roth by the Constitution and the intrinsic nature of the duty 
and the power, the authority is exclusively legislative, and the matter over which 
it is to be exercised solely of State concern." 



28 SCHOOL LAW OF INDIANA. 

The court went to the fullest length and said: "These schools, are owned 
and maintained by the State, and the State may prescribe the terms and condi- 
tions upon which pupils may enter them, except that it can not disregard the 
constitutional injunction that 'tuition shall be without charge, and equally open 
to all.'" 

These opinions clearly show that they have been Avritten in the light of his- 
tory, and tliat these Judges speak irom experience when discussing the constitu- 
tional provisions, knowing, as they do, the failure of a distinctively local system 
to become general in practice as was provided for by the Constitution of 1816. 

It seems clear that our courts now stand favoring a strong centralized system 
of common schools, which gives a feeling of security not before enjoyed by the 
friends of education in our State. 

The acts of 1865 and later years have so fully expressed the constitutional 
intent that there is little left for a place of attack by those who still feel opposed 
to the present system through this strong centralizing tendency. 

IMPORTANT ENACTMENTS. 

In 1824, the prolific mind of Benjamin Parke saw the need of teachers who 
were qualified to teach in our public schools, and a law was enacted then, requir- 
ing all applicants for positions in the common schools to pass an examination to 
prove their fitness for the work they desired to undertake. 

At that time all other school laws were merely directory, but these relating 
to the examination of teachers were mandatory — the first instance of such a scliool 
law in the great West. By means of this crude, and in many respects, then im- 
perfect law, the public mind has been constantly reminded of the importance of 
some kind of preparation for teachers. 

Out of necessity has grown the county and township institutes, the State Nor- 
mal School, the State Board of Education, the several teachers' associations and 
the Teachers' Reading Circle. In the development of this question, State Super- 
intendent Harvey M. LaFollette, in his report of 1887-8 (p. 86), says: "There 
has been a steady and very satisfactory improvement in the technical qualifica- 
tions, standard of general education, and in the culture and general intelligence 
of the common school teachers of the State. Tiie invaluable influence of the 
work of our State Normal School, and of the philosopliical study of pedagogical 
science in our State University, has done much to direct the course of study and 
reading, and to determine the ideal standards of professional culture throughout 
the State. The Indiana Teachers' Heading Circle has been a powerful influence 
in securing the cultivation of a general taste for the reading of good literature, 
and for the study of historical and practical educational methods, and has been of 
incalculable benefit to the school teachers of the State." The establishment of 
these several institutions had in view the betterment of the common schools. The 
State Normal School was established December 20, 1865. The county institutes 
followed March 0, 1865; township institutes, March 2, 1889; State Board of Edu- 
cation, August 24, 1875; State Teachers' Association (voluntary), November, 
1854; Indiana Teachers' Reading Circle (voluntary^ December, 1883. 

The next important enactment, and the one still in force, was the one of 1883, 
requiring the enumeration of school children, and apportioning the school reve- 
nue according to this population. When the new Constitution was adopted this 



INTRODUCTION. 29 

principle of distribution had been found so practicable under local school govern- 
ments that it was uiade the basis for the State. 

On the 6th of March, 1865, an act defining the school funds in accordance 
with the decision of our Supreme Court, in which it held "that the income from 
the sale of the land in section numbered sixteen shall be exclusively for the use 
of the inhabitants thereof," and naming the annual levy of sixteen cents on the 
hundred dollars' valuation and fifty cents poll to be denominated a State school 
revenue and apportioned as other revenues are apportioned. 

This act did not give an equal amount of revenue to each school corporation 
of the State, owing to great inequalities in the Congressional Township funds held 
by the several counties. This was removed by the act of March 11, 1873. 

A peculiar application of this law is found in Vanderburgh County, where 
the income of the Congressional Township fund is greater per capita than the per 
capita of the county, so the inhabitants of this Congressional Township have 
received none of the State's common school revenues for years, but their income 
from their Congressional fund is sufficient to give them a ten months' term of 
school in the year, and to pay good salaries as well. This is the only instance of 
the kind in the State, and this is owing to the fact that the land has never been 
sold, advancing in price rapidly on account of its location. 

THE STATE BOARD OF EDUCATION. 

The State Board of Education, a board of professional educators, has been 
one of the most valuable agents in our educational jirogress. The board, as first 
constituted in 1852, consisted of State officers. In 1855 the Attorney-General was 
made a member and legal adviser, but this board exerted no appreciable influence 
on educational affairs until 1865, when its membership was made largely profes- 
sional, consisting of the Governor, Superintendent of Public Instruction, the 
Presidents of the State University, the State Normal School and the Superintend- 
ents of the largest three city schools in the State. In 1875 the President of Pur- 
due University was added. The large discretionary powers given this board by 
statute make it one of the most potent agents in our educational system. The 
duties of this board have been fully set forth in another part of this paper. The 
County Superintendent is required by law to carry out the orders and instructions 
of this board. 

COUNTY MANAGEMENT OF SCHOOLS. 

In June, 1873, the present system of county management of schools in In- 
diana came into existence. It was not an accident of random legislation, but the 
legitimate and natural result of circumstances — the proper answer to a universal 
and popular demand. Our State had provided liberally for the establishment 
and maintenance of public .schools, so far as money alone would accomplish the 
result. There was in our statutes a general provision for a system of public 
schools, but the system, so far as one had been evolved, lacked in several particu- 
lars the elements and conditions necessary to growth, vigor and effectiveness. So 
the new law sought to gather up the fragments and to co-ordinate them into as 
many organs,^ giving them certain functions to perform, and the various parts 
prescribed powers and duties. The county organization is so arranged that its 
utility depends upon the individual work of its members. The responsibility df 



30 SCHOOL LAW OF INDIANA. 

setting in motion and rendering effective these implements was placed in the 
hands of a Connty Superintendent. The crisis in the educational affairs of the 
State had been reached. Further progress would depend upon the work of this 
officer. The powers and duties conferred upon him, although not very specific, 
were not guessed at, but were based upon an experience which had witnessed the 
defects and abuses of the old order of things and had shown the necessity for their 
elimination. Trustees had made serious mistakes in the building of school 
houses, in the purchase of apparatus and in the management of their finances, 
and must, therefore, have a helper and counselor; public officers, prompted by 
avarice, had withheld funds due the public for school purposes, or had diverted 
them from their proper channel. Somebody must correct this evil and secure the 
sacred funds. An army of teachers was at work, costing the State two millions of 
dollars a yeai', without any one whose business it was to look after the progress of 
their work, the sanitary condition of the schools, metliods of teacliing and discip- 
line, etc., so that improvements of a practical nature might be made, all proving 
conclusively that there must be a supervision of this work, or at least an inspec- 
tion of tlie same. 

With these duties before him, the County Superintendent began work twenty 
years ago. Compare the organization and work of the county boards of to-day 
with that of the primitive ones. Through committees especially qualified for the 
work assigned them we have improved the character of our school buildings, and 
instead of erecting buildings without any conveniences, we have been rapiilly sup- 
plying the places of the old frame and log houses witli substantial brick ones, 
adapted in every respect to the needs of a school, as well as ornamental to the 
neighborhood, because of the elegant design. In the supply of furniture and 
apparatus great advance has been made. The absolute necessity for these auxil- 
iaries had long been recognized, but a systematic and economic method of selec- 
tion and purchase, and of utilizing them in the schools, remained for us to con- 
summate. 

The progress in another direction has been even greater. Out of the statutory 
edict, "He shall visit the schools, " has grown a system of supervision that has 
never been equaled in extent and thoroughness and in beneficial results. By the 
Superintendent's visitations and personal observations of the work in progress in 
the school rooms, evils growing out of defective teaching and management have, 
to a great extent, been eliminated. In the work of organizing the unorganized 
schools, the idea of uniformity in classification had its birth. 

Under the stimulus of our system of gradation and graduation our schools 
have progressed from a mechanical, listless, careless, irregular manner of working, 
that never accomplished any definite results, to that prompt, energetic, business- 
like method of taking up a task or line of work, and fully completing the same : 
The county superintendency has run the gauntlet of ten successive Legislatures 
successfully, through its strong appeal to the people as to its nature, purposes and 
utility, convincing them of its absolute necessity in the school administration. 



THE TEXT-BOOK QUESTION. 

State text-hooks — the first experiment in the West is found in Indiana. In 
November, 1853, the State Board of Education adopted, according to law, a series 
of text-books for use in the common schools of the State. 



INTRODUCTIOJM. 31 

The recommendations of the State Board were for the purpose of encouraging 
uniformity. In the records of this body (1857) we find the following concerning 
tiiese recommendations: "Time has exhibited the wisdom of our choice. In no 
State of the Union have efforts for the introduction of a uniform series of text- 
books for schools been so successful as in Indiana, of which we may well feel 
proud." 

Local school officers who had the selection of the books were only too glad to 
find some guide in making their adoptions for townships, and in a large per cent. 
of the school corporations we find the series recommended by the State Board of 
Education very generally used in the State from 1853 to 1865. Text-books on 
the common school branches had so rapidly multiplied that local officers felt com- 
petent to select suitable books without the aid of the State Board of Education. 
The Legislature, in the session of 1865, relieved the Board of this responsibility, 
and placed the authority of this selection into the hands of the Township Trustees, 
where it remained till 1873. At the time of the organization of our county sys- 
tem the selection of text-books for the use of schools rested with the County Board 
of Education. Cities were exempt from the provisions of this act, but incorpo- 
rated towns were subject to its provision . the same as townships. This law re- 
mained in force sixteen years. 

STATE TEXT-BOOKS. 

In 1889 the General Assembly believed that school books should be fur- 
nished more cheaply, and accordingly a maximum price was fixed for the fitteen 
books jjrovided for. The State Board of Education was to act as a Board of 
Text- book Commissioners for the State and to contract with the publishers, or 
authors, or compilers of books, to be botight outright, or published by the Com- 
mission. The law encountered bitter opposition, but the Supreme Court held it 
to be both constitutional p.,nd mandatory. 

A full series of common school text-books has been adopted under this, and 
a contract entered into between the Indiana Board of Text-book Commissioners 
and the publishers for a period of five years from the date of adoption. Requisi- 
tions are made by the local school officers for books to the County Superintend- 
ent, who in turn makes them upon the Superintendent of Public Instruction, who 
again forwards them to the publishers. Reports of sales are made quarterly by 
the local school officers to the County Superintendent, who again reports to the 
publishers. Patrons of the public or private schools obtain these books from their 
respective local school officers upon the payment of the following prices in cash . 

Spellers, 10 cents; first readers, 10 cents; second readers, 15 cents; third 
readers, 25 cents; fourth readers, 30 cents; fifth readers, 40 cents; complete 
arithmetic, 45 cents; elementary arithmetic, 35 cents; complete geography, 75 
cents; elementary geography, 20 cents; complete English grammar, 40 cents; 
elementary English grammar, 25 cents; complete physiology, 60 cents; elemen- 
tary physiology, 30 cents ; history of the United States, 65 cents ; copy-books, 5 
cents each. 



'62 SOUOOL LAW OF INDIANA. 



PRESENT TENDENCIES. 

The tendency of our present school system is worthy of careful study. Look- 
ing at tlie scliool laws of Indiana, reinforced by the rules and regulations of 
County Hoards of Education, and School Boards of cities and incorporated towns, 
which our Supreme Court has decided may be enforced, we see an ideal system 
with the power of the State behind it. Is the system doing all it should for the 
development of the child? Eosenkrantz says "That education is the means by 
which man seeks to realize in man his possibilities — to develop the possibilities of 
tlie race in the individual." Again, he says "That education is the emancipa- 
tion of the youth." To my mind a system of popular education should be worked 
out in liarmony with the spirit of the above quotations. 

The possibility of raising the standard of instruction, at present, lies chiefly 
with the teacher, and in order to do the most for the children he must be guided 
by intelligent supervision ; or, to state it differently, he should be encouraged by 
the Superintendent to be himself in the presentation of his subject matter to his 
pupils, and hold the pupils to the work in such a way as to make each one feel 
through such effort a strength that he has acquired by the proper exercise of his 
own faculties. We believe, that while there is much in the administration of 
school systems that falls short of what we would have it, yet we have a large 
army of faithful, conscientious teachers and superintendents striving to impress 
upon the minds of their felU)WS the fact that whatever will make a man a better 
man will make him a better teacher. 

The various departments of our school system have taken such a stride for- 
ward during the past few years that all friends of education should be greatly en- 
couraged. The very rapid growth is due largely to the increased attendance in our 
high schools, normals and colleges; to the careful study of the professional work as 
outlined and studied in the courses of study, township and county institutes and 
associations, and to the teachers' and young people's reading circles. The schools 
are more fully meeting the needs of the children now than ever before. Our 
system is ideal, embracing as it does the three great divisions, viz. : Primary 
education, represented by the country and grade schools ; secondary education, 
represented by the high schools, and higlier education, represented by tlie uni- 
versities and colleges. The schools for the primary and secondary education of 
the youth of the State are constantly growing in efficiency, and are thereby 
making a broader and more soli-d foundation for the higher education. The uni- 
versity and colleges are in turn making more efficient the teaching force of our 
secondary schools, while the State Normal School is being felt more and more 
eacii year in supplying professionally trained teachers for the primary schools. 
Each supplements the other, and by means of- all the schools will finally reach 
the ideal as set forth in the system. 

Tlie public standards of morality and virtue, of industry and patriotism, have 
been elevated through the influence of the common schools, and through the un- 
selfish devotion of an army of teachers we expect to see the word Iloosier, so long 
a synonym for verdancy and a low state of civilization, stand for all that is best 
in good citizenship. 



LEGAL DUTIES OF SCHOOL OFFICL\LS. 



(CONSTITUTIONAL PROVISIONS. 



AKTICLE VIII. 

EDUCATION. 
[In foree November 1, 1851.] 

1. Knowledge and learning generally diffused thronghont a commurity 
being essential to the preservation of a free government, it shall be the duty of 
the (leneral Assembly to encourage, by all suital)le means, moral, intellectual, 
scicntitic and agricultural improvement, and to j)rovide by law for a general and 
uniform system of common schools, wherein tuition shall be without charge and 
equally open to all. 

2. The Common School Fund shall consist of the Congressional Township 
Fund, and the lands belonging thereto ; 

The Surplus Revenue Fund; 

The Saline P'nnd, and the lands belonging thereto ; 

The Bank Tax Fund, and the fund arising from the one hundred and four- 
teenth section of the Charter of the State Bank of Indiana; 

The fund to be derived from the sale of county seminaries, and the moneys 
and j)roperty heretofore held for such seminaries; from the lines assesssed for 
breaches of the penal laws of the State, and from all forfeitures which may 
accrue ; 

All lands and other estate which shall escheat to the State for want of heirs 
or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to the State when no 
special purpose is expressed in the grant, and the proceeds of the sales thereof, 
including the proceeds of the sales of the swamp lands granted to the State of 
Indiana by tlie act of Congress of the twenty-eighth of Septeml)er, one thousand 
eight hundred and fifty, after deducting the expense of selecting and draining the 
same; 

Taxes on the property of corporations that may be assessed by the General 
Assembly for Common School purposes. 

3. The principal of the Common School Fund shall remain a perpetual fund, 
which may be increased, but shall never be diminished; and the income thereof 
shall be inviolably aj)propriated to the support of Common Schools, and to no 
other pur[)ose whatever. 

3 — ScH. Law. 



34 SCHOOL LAW OF INDIANA. 

4. The General Assembly shall invest, in some safe and prolitablo manner, 
all such portions of the Common Scliool Fund as have not lieretofore been 
entrusted to the several eonnties, and shall make provision, by law, for the 
distribution among tlie several eonnties of the interest thereof. 

5. If any county shall fail to demand its proportion of sueh interest, for 
Common School purposes, the same shall be reinvested for the benetit of sueh 
county. 

G. The several counties shall be hohl liable for the preservation of so mueli 
of said fund as may be entrusted to them, and for the payment of tlu^ annual 
interest thereon. 

7. All trust funds held by the State shall remain inviohite, and be faithfully 
and exclusively applied to the purposes for which the trust was created. 

8. The ticneral Assembly sliall proviile for the election, by the vote of the 
State, of a State Superintendent of Public Instruction, who shall hold his otiioe 
for two years, and whose duties and compensation shall be prescribed by law. 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 

There shall be elected by the quallliod voters of the State, at a general elec- 
tion, a State Superintendent of PubUc Instruction, who shall hold his ollice for 
two yeai-s. 

CoaiMENCEiMENT OF Terjc — Oatu. His office term shall commence on the 
fifteenth day of March succeeding his election. He shall take and subscribe the 
oath prescribed by law, which proceeding shall in all things conform to the law 
relative to the oaths of public officers. 

Duties. The Superintendent shall be charged Avith the administration of the 
system of public instrui-tion and a general superintendence of the business relating 
to the common schools of the State, and of the school funds and school revenues 
set apart and appropriated for their support. He shall render an opinion, in 
writing, to any school officer asking the same, touching the administration or 
construction of the school law. 

REroRT TO Governor. In the month of January in each year in which 
there is no regular session of the General Assembly, he shall make a brief report, 
in writing, to the Governor, indicating, in general terms, the enumeration of the 
children of the State for common school purposes, the additions to the permanent 
school fund within the year, the amount of school revenue collected within the 
year, and the amounts proportioned and distributed to the schools. 

REroRT TO General Assejibly. At each regular session of the General 
Assembly, on or before the fifteenth day of JaiuuJt'y, said Superintendent shall 
present a biennial report of his administration of the system of public instruction, 
in which he shall furnish a brief exhibit — 

Fii-st. Of his labors, the results of his experience and observation as to the 
operation of said system, and suggest the remedy for observed imperfections. 

Second. Of the amount of the permanent school funds, and their general 
condition as to safety of manner of investment; the amount of revenue annually 
derived therefrom, and from other sources; estimates for the following two years, 
and the estimated value of all other property set apart or appropriated for school 
purposes. 



LEGAL DUTIES OP SCHOOL OFFICIALS. 35 

Third. Of such plans as he may have matured for the better organization of 
the schools, and for the increase, safe investment, and better preservation and 
Mianageraent of the permanent school funds, and for the increase and more econom- 
ical expenditure of the revenue for tuition. 

Fourth. He shall present a comparison of the results of the year then closing 
with those of the year next preceding, and, if deemed expedient, of years preced- 
ing that, so as to indicate the progress made in the business of public instruction. 

Fifth. He shall furnish such other information relative to the system of 
l)iil)lic instruction — the schools, their permanent funds, annual revenues, etc. — as 
hi' may think to be of interest to the General Assembly. 

He shall append to his report statistical tables, compiled from the materials 
transmitted to his office by the proper officers, with proper summaries, averages 
and totals appended thereto. He shall append a staten^ent of the semi-annual 
collections of school revenue, and his apportionment thereof; and when he deems 
it of sufficient interest to do so, he shall append extracts from the correspondence 
of school officers, tending to show either the salutary or defective operation of the 
system or of any of its parts; and shall cause ten thousand copies to be printed 
and distributed to the several counties of the State. 

Duties. He shall visit each county in the State at least once during his term 
of office, and examine the Auditor's books and records relative to the school funds 
and revenues, with a view to ascertain the amount and the safety and preserva- 
tion of said funds and revenues; and, for that purpose, he shall have access to, 
and full power to require for inspection the use of the books and papers of the 
Auditor's office. Whenever he may discover that any of the school funds are un- 
safely invested and unproductive of school revenue, or that any of the school 
revenues have been diverted from their proper objects, he shall report the same to 
the (ieneral Assembly. He shall meet with such school officers as may attend his 
appointment, counseling with the teachers, and lecturing upon topics calculated 
to subserve the interests of jjoijular education. 

Travei.ing expenses. He shall receive, fot traveling and other expenses 
while traveling oi the business of the department, a sum not exceeding six hun- 
dred dollars per annum; and an appropriation of that amount is hereby made 
for that purpose, annually. 

Supervision of school funds. He shall exercise such supervision over the 
school funds and revenues as may be necessary to ascertain their safety, and secure 
tlieir preservation and application to the [roper object; and cause to be instituted, 
in the name of the State of Indiana, for the use of the proper fund or revenue, all 
suits necessary for the recovery of any portion of said funds or revenues. It is 
hereby made the duty of the proper Circuit Prosecuting Attorney to prosecute all 
such suits at the instance of the Superintendent, and without charge against said 
funds or revenue. 

May require reports. He may recjuire of the County Auditors, County 
Superintendents, County Treasurers, Trustees, Clerks and Treasurers, copies of 
all reports required to ))e made by them, and all such other information in rela- 
tion to the duties of their respective offices, so far as they i-elate to the condition 
of the school funds, revenues and property of the common schools and the condi- 
tion and management of such schools, as he may deem important. 

Blanks and forms. He may prepare, and transmit to the proper officers, 
suitable forms and regulations for making all reports, and the necessary blanks 



36 SCHOOL LAW OF INDIANA. 

therefor, and all necessary instructions for the better organization and government 
of common schools, and conducting all necessary proceedings under this act. 

Forms of book-keeping. Forms and modes of book-keeping shall, from 
time to time, be prescribed for County Auditors and County Treasurers by the 
State Superintendent of Public Instruction. 

Shall publish school laws. Pie shall cause as many copies of the acts of 
the General Assembly in relation to the common schools or the school funds, with 
necessary forms, instructions and regulations, to be from time to time printed, 
and distributed among the school townships, as he shall deem the public good 
requires. 

Journals, etc. , to libraries. He shall supply each common school library 
with the Legislative and Documentary Journals, and the acts of each session of 
the General Assembly, and his own annual reports. At the expiration of his 
term of office, he shall deliver to his successor possession of the office and all 
books, records, documents, papers and other articles pertaining or belonging to 
his office. 

STATE BOARD OF EDUCATION. 

The Governor of the State, the State Superintendent of Public Instruction, 
the President of the State University, the President of Purdue University, the 
President of the State Normal School, and Superintendents of Common Schools of 
the three largest cities in the State, shall constitute a Board to be denominated 
the Indiana State Board of Education. The size of the cities shall, for this pur- 
pose, be determined by the enumeration of children for school purposes, annuall}'' 
reported by County Superintendents to the Superintendent of Public Instruction. 
The Superintendent of Public Instruction shall, ex officio, be President of the Board ; 
and in his absence the members present shall elect a President pro tempore. The 
Board shall elect one of its members Secretary and Treasurer, who shall have the 
custody of its records, papers and efiects, and shall keep minutes of its proceed- 
ings: Provided, That such recoi'ds, papers, effects and minutes shall be kept at 
the office of the Superintendent, and shall be open for his inspection. The said 
Board shall meet, upon the call of the President or a majority of its members, at 
such place in the State as may be designated in the call ; and shall devise, adopt 
and procure a seal, on the face of which shall be the words, "Indiana State Board 
of Education," and such other device or motto as the Board may direct — an im- 
pression and written description of which shall be recorded on the minutes of the 
Board and filed in the office of the Secretary of State; which seal shall be used 
for the authentication of the acts of the Board and the important acts of the 
Superintendent of Public Instruction. 

Duties and powers. Said Board, at its meeting, shall perform such duties 
as are prescribed by law, and may make and adopt such rules, by-laws and regu- 
lations as may be necessary for its own government, and for the complete carrying 
into effect the provisions of the next section of this act, and not in conflict with 
the laws of the State; and shall take cognizance of such questions as may arise in 
the practical administration of the school system not otherwise provided for, and 
duly consider, discuss and determine the same. 

Traffic in questions. Whosoever shall sell, barter, or give away to appli- 
cants for license, or to any other person, the questions prepared by the State 



LE(3AL DUTIES OF SCHOOL OFFICIALS. 37 

Hoard of Education, to be used by County Superintendents in the examina- 
tion of teachers, or in any way dispose of said questions contrary to the rules 
prescribed by said State Board of Education, shall be deemed guilty of a misde- 
meanor; and on conviction shall be fined in any sura not less than ten, nor 
more than two hundred dollars. 

State certificates. Said Board may grant State certificates of qualification 
to such teachers as may, upon a thorough and critical examination, be found to 
possess eminent scholarship and professional ability, and shall furnish satisfactory 
evidence of good moral character. They shall hold stated meetings, at which 
they shall examine all applicants, and those found to possess the qualifications 
herein above named shall receive such certificate, signed by the President of the 
Board, and impressed with the seal thereof; and the said certificate shall entitle 
the holder to teach in any of the schools of the State without further examination, 
and shall also be valid during the lifetime of said holder, unless revoked by said 
Board. Each applicant for examination shall, on making application, pay to the 
Treasurer of the Board five dollars as a fee. 

Pay and mileage of Board. The members of said Board, other than the 
Governor and State Superintendent of Public Instruction, shall be entitled to 
receive for their services, while actually engaged in the duties of their office, five 
dollars per day and five cents per mile necessarily traveled while so engaged; 
which amount shall be certified by the Board to the Auditor of the State, who 
shall draw his warrant therefor, payable out of the general fund, which sum shall 
be reimbursed to the general fund by the Treasurer of the Board paying into it 
that amount out of the money received by him as fees for certificates; and if there 
be any residue of money received as such fees, it shall be expended by the Super- 
intendent of Public Instruction in tlie jiurchase of suitable books for an office 
library. Said Board shall be allowed the necessary expenses incurred in the 
discharge of the duties required of the same, for clerk hire, postage, etc., which 
expenses shall be paid as the expenses of the members of the Board are paid. 

County Superintendent. The Township Trustees of the several townships 
of each county shall meet at the office of the County Auditor of such county, on 
the first Monday of June, 1873, and biennially thereafter, and appoint a County 
Superintendent, who shall be a citizen of such county, whose official term shall 
expire as soon as his successor is appointed and qualified; who, before entering 
u[)i)n the duties of his office, shall take and subscribe an oath that he will faith- 
fully perform his duties as such officer according to law, which oath shall be filed 
with the County Auditor. He shall execute a bond, with freehold surety to the 
approval of the County Auditor, payable to the State of Indiana, in the penal 
sum of one thousand dollars, conditioned that he will faithfully discharge his 
duties according to law, and faithfully account for and pay over to the proper 
persons all moneys which may come into his hands by reason of such office; and, 
thereupon, the County Auditor shall report the name and postoffice address of the 
person appointed to the Superintendent of Public Instruction : Provided, hoivever, 
That the Board of County Commissioners shall have power to dismiss any County 
Superintendent for immorality, incompetency or general neglect of duty, or for 
acting as agent for the sale of any text-book, school furniture or maps; but no 
County Suiierintendent shall be dismissed without giving him written n()tice, 
under the hand and seal of the Auditor, ten days before the first day of the term 
of the Court of Commissioners at which the cause is to be heard; and the said 



38 SCHOOL LAW OF INDIANA. 

notice shall state the charges preferred against the Superintendent, the character 
of the instrument in which they are preferred (whether a petition, complaint or 
other writing), and the names of those preferring the same. The duties required 
of the School Examiner by any act shall hereafter be performed by the County 
Superintendent. Whenever a vacancy shall oc(;nr in the office of County Super- 
intendent, by death, resignation or removal, the said Trustees, on the notice of 
the County Auditor, shall assemble at the office of such Auditor, and till such 
vacancy for the unexpired portion of the term, in the manner herein provided; 
and the County Auditor shall be clerk of such election in all cases, and give the 
casting vote in case of a tie, and shall keep the record of such election in a book 
to be kept for that purpose. 

DUTIES OF THE COUNTY BOAKD OF EDUCATION. 

The Board shall meet semi-annually at the office of the County Superin- 
tendent on the first days of May and September (unless the said days be Sunday, 
and if so on the day following), a majority of whom shall constitute a quorum. 

EULES CONCERNING THE COUNTY BOAED. 

The Board having met on the first day of September, they have a right to 
adjourn from day to day until the business before them is completed. But if 
they adjourn sine die they have no right to meet any more until the first day in 
May. 

In the absence of the County Superintendent the Board may appoint one of 
its members President pro fern. No action can be taken by the Board unless a 
majority of all the members are present. Some questions require a majority vote, 
and others a unanimous vote of all members of the Board. 

It is very important that school officers and County Boards should make a 
careful record of their proceedings. If a Board takes any legal action, and fails 
to record it, and makes an incorrect record, the record can be amended by order 
of the Board at a subsequent meeting. 

The County Board of Trustees have the right to make such rules and regula- 
tions, according to law, as will tend to promote the good of the public schools; and 
it is the duty of the teachers to carry out such rules in good faith. 

The County Board of Education has no power to make contracts; but all or 
any number of the Trustees may join together in purchasing or contracting for 
supplies; and such action may often be advisable. It is not, however, the action 
of the Board. 

The graded schools of incorporated towns are under the same control of the 
County Board as any of the schools of the township. Cities alone are excepted. 

Each Trustee should give full force and effect to the Rules, Regulations and 
Course of Study adopted by the County Board, by adopting them himself and by 
requiring his teachers' contracts to conform to them, so far as they may be in 
accordance with the law. 

The Rules and Regulations adopted by County Boards and by Trustees should 
be of a very general character, applicable to all schools alike, and not such as 
would trespass upon the rights of the teacher or embarrass him in his work. 



LEGAL DUTIES OF SCHOOL OFFICIALS. 39 



DUTIES OF THE COUNTY SUPERINTENDENT. 

1. The County Superintendent shall have the general superintendence of the 
schools of the county. 

2. He shall attend each Township Institute at least once in each year, when 
he shall i)reside at the same and conduct its exercises. 

3. He shall visit each school of the county at least once a year, for the pur- 
pose of increasing its usefulness and elevating, as far as practicable, the poorest 
schools to the best. 

4. He shall encourage Teachers' Institutes and Associations, and shall labor 
in every practicable way to elevate the standard of teaching and to improve the 
condition of the schools of the county. 

5. The County Superintendent shall hold at least one public examination in 
each month in the year in his county ; and in no case shall he grant a license 
upon a private excimination ; and all licenses granted by him shall be limited to 
the county in which they are granted. 

G. The County Superintendent shall have power to revoke licenses granted 
by him or his predecessoi's, for incompetency, immorality, cruelty, or general 
neglect of the business of the school ; and the revocation of the license of any 
teacher shall terminate his employment in the school which such teacher may 
have been employed to teach. 

7. "When any Trustee shall neglect to file with the County Superintendent 
an enumeration of the children of the township, town or city, the County Super- 
intendent shall, immediately after the first day of May in each year, employ a 
competent person to take the same, and allow a reasonable compensation for such 
service, payable from the special school revenue of the township. 

8, The County Superintendents are required to hold, or cause to be held, 
Teachers' Institutes at least once a year in their respective counties. 

DUTIES OF TRUSTEES. 

1. The Trustees shall take charge of the educational affairs of their respective 
townships, towns and cities. 

2. They shall emjDloy teachers, establish and locate, conveniently, a sufficient 
number of schools for the education of the children therein ; and build and other- 
wise provide suitable houses, furniture, ajaparatus, and other articles and educa- 
tional appliances necessary for the thorough organization and efficient manage- 
ment of said schools. 

3. They may also establish graded schools, or such modifications of them as 
may be practicable; and provide for admitting into the higher departments of the 
graded schools of their townships such pupils as are sufficiently advanced for such 
admission. 

4. They shall keep accurate accounts of the receipts and expenditures of 
such revenues. 

5. They shall keep a record of all their proceedings relative to the schools, 
including all orders and allowances, and accounts of all receipts and expenditures, 
distinguishing between the State school revenue and the sjjecial school revenue. 

6. They may levy a special townshiji tax for building and furnishing scliool 
houses, etc. 



40 SCHOOL LAW OF INDIANA. 

7. They may levy a special tax for tuition purposes. 

8. They shall provide for the teaching of the German language as a branch 
of study when the parents or guardians of twenty-five or more pupils of a scliool 
demand it. 

9. They shall cause the doors of the school houses to swing outward. 

10. They may require special examination of teachers in the special branches 
authorized by school meetings. 

11. They are empowered to hear and determine appeals from the Directors 
on the exclusion of pupils from school. 

DUTIES OF DIKECTOES. 

1. The Director of each school shall preside at all meetings of the inhabit- 
ants connected therewith, and record their proceedings. 

2. He shall also act as the organ of communication between the inhabitants 
and the Township Trustee. 

3. He shall take charge of the school house and property belonging thei'cto, 
under the general order and concurrence of the Trustee, and preserve the same ; 
and 

4. Shall make all temporary repairs of the school house, furniture and fix- 
tures, and provide the necessary fuel for the school, reporting the cost thereof to 
the Trustee for payment. 

5. He shall visit and inspect the school from time to time, and, when neces- 
sary, may exclude any refractory pupil therefrom ; but the exclusion of any pupil 
from the school for disorderly conduct shall not extend beyond the current term, 
and may be, in the discretion of the Director, for a shorter period. The decision 
of the Director in excluding a pupil shall be subject to appeal to the Township 
Trustee, whose decision shall be final. 

DUTIES OF TEACHEES. 

1. It is the duty of the teacher to carry out in good faith the rules and reg- 
ulations of the County Board and Trustees. 

2. The teacher should exercise care over the school property in his charge. 

3. A teacher may punish a pupil with kindness, prudence and propriety, for 
disobedience of his proper commands. 

4. Teachers should be very careful how they punish i)upils for what they do 
or say away from the school premises, and should never undertake to punish for 
such behavior, unless it seems necessary for the preservation of discipline in the 
school. 

5. Except on account of sickness, teachers are required to be present at each 
monthly township institute. 

6. Teachers must perform such reasonable duties as are assigned to them at 
such institutes. 

7. The law requires the teacher to make a report to the Trustee at the end 
of the term for which said teacher shall have been employed. 



LEGAL DUTIES OF SCHOOL OFFICIALS. 41 



DUTIES OF PARENTS AND GUAEDIANS. 

1. All taxpayers who are parents, guardians or heads of families, except 
married women and minors, are entitled to vote in school meetings in the district 
to which they are attached. 

2. A school meeting may be called at any time by the Director or any five 
voters, five days' notice being given by posting in five public places in the vicinity. 

3. School nK'<^tings have power to determine what branches shall be taught 
in addition to those required by law. They have power to fill vacancies in the 
office of Director ; to direct such repairs as they deem necessary in their school 
house and to petition the Township Trustee for the removal of their school house 
to a more convenient location, for the erection of a new one, or the sale of an old 
one and the lands belonging thereto, and upon any other subject connected there- 
with. Wiien such meetings shall petition the Trustee in regard to repairs, removal, 
or erection of a school house, they shall also furnish to such Trustee an estimate 
of the probable cost of such repairs, removal or erection. 

4. Patrons are by law entitled to protest against the employment of any 
teacher: but they are not empowered to select teachers. A majority of those enti- 
tled to vote at school meetings may prevent the employment of any teacher whom 
they do not wish to have employed by voting to that effect at any regular meeting. 

5. A majority of such voters may, by petitioning the Township Trustee, 
secure the dismissal of the teacher, upon due notice and for good cause shown. 

6. When a pupil is excluded from a school by a Director, a parent, or 
guardian, or the pupil himself, may appeal from the decision of the Director to 
tlie Trustee, whose decision is final. 

7. Parents, guardians or others are prohibited by law from upbraiding a 
teacher in the presence of the school, from any cause, fancied or real. 

8. When a majority of the persons entitled to vote at school meetings desire 
that a private school be taught in a school house not occupied by public school, 
(ir desire the use of the school house for other purposes, and make application to 
tlie Trustee, it is the duty of the Trustee to permit the use of the building for the 
private school or to authorize the Director to permit its use for the other purposes. 

CALENDAR SHOWING WHEN THE DUTIES OF SCHOOL OFFICERS 
MUST BE PERFORMED. 

January, Last Monday.^— Distribution of the School Revenue for Tuition to 
School Corporations, made by County Auditor, and reported to State Superin- 
tendent. 

April 10. — Enumeration of School Children by Trustees, to be completed 
I)efore the first of May. 

May 1. — Meeting of County Board of Education — Trustees' Reports of Enu- 
meration and Transfers must be filed with the Superintendent. 

May 15. — County Superintendent's Report of Enumeration is due to State 
Superintendent. 

June, Third Monday. — Auditor's Semi-annual Re^iort of School Revenue for 
Apportionment is due State Superintendent. 

Jnne 1. — County Superintendent Reports to County Auditor Basis of Appor- 
tionment, made from lists of enumeration and reports of transfers. 



42 SCHOOL LAW of indianA. 

June, First Monday. — County Commissioners meet, receive Reports froril 
Auditor and Treasurer, and report condition of School Funds to State Superin- 
tendent. Auditor at the same time reports Transfers of Congressional Township 
School Fund. 

June, First Monday, Biennially. ^ — Election of County Superintendent. 

June, Early. — County Superintendent reports names of Teachers licensed to 
State Superintendent — Election of City and Town Trustees, They must give 
bonds and qualify within ten days. Auditor reports their names to State Super- 
intendent. 

July, Second Monday. — Distribution of School Eevenue to School Corpora- 
tions, made by County Auditor and rei)orted to State Superintendent. 

August 1. — Beginning of School Year. 

August, First Monday. — Trustee's Statistical Report to County Superintend- 
ent. Financial Report to County Commissioners. Must file a copy of the report 
to Commissioners with County Superintendent witliin ten days. 

September 1. — Meeting of County Board of Education — County Superintend- 
ent's Statistical and Written Reports to State Superintendent. 

October, First Saturday. — Election of School Directors. 

November. — General Election. P^lection of Townshij) Trustees for four years. 

December 25, or Earlier. — Auditor's Semi-annual Report of Scliool Revenue 
for Apportionment and Annual Settlement-sheet of Interest, due to State Super- 
intendent. 

Last Saturday in Each Month. — Public Examination of Teachers. 

SCHEDULE OF BLANKS ISSUED BY THE STATE SUPERINTENDENT. 

To County Auditors, Forms 1, 4, -5, 7, 15, 16, 17, 21. 

To County Superintendents, Forms 3, 8, 10, 12, 12 (a), l.S, 18. 

To County Commissioners, Form 6. 

To Township Trustees, Forms 2, 9, 

To City Superintendents, Form 11. 

EXPLANATION OF FORMS. 

January distribution of school revenue. 

Enumeration of school children. 

Report of enumeration. 

Revenues for apportionment (June). 

.July distribution of school revenne. 

Condition of funds held by counties. 

Names of school trustees of cities and towns. 

Names of teachers licensed. 

Application for High School Commissions. 

County Superintendent's statistical report. 

). County Superinlendent's financial report. 

Names and report of private schools. 

Names of township trustees. 

Revenues for apportionment (December). 

Names and addresses of County Superintendents. 

Requests for examination questions. 

Special school revenue distributions. 



Form 1. 


Form 2. 


Form 8. 


Form 4. 


Form 5. , 


Form G. 


Form 7. 


Form 8. 


Form 11. 


Form 12. ' 


Form 12 (a; 


Form 13. : 


Form 15. : 


Form 16. : 


Form 17. : 


Form 18. : 


Form 21. 1 



SCHOOL LAW OF INDIANA. 43 



CHAPTER I. 

CONSTITUTIONAL PROVLSIONS. 



Rko. 

1. Common sphonls. 

2. Common school fund. 

'^. Principiil, a |)cr|)ot,u;il fund. 
4. Tnvostmont and distribution. 



Sec. 

5. Reinvestment. 

6. Counties — Liability. 

7. Trust funds inviolnto, 

8. Superintendent of Public Instruction. 



articlp: VIII. 

[In force November 1, 1851.1 

1. Common Schools. 1. Knowledge and learning- generally 
ditrnscd tlirougliout a community being essential to the preser- 
vation of a free government, it shall be the duty of the Gen- 
eral Assembly to encourage, by all suitable means, moral, 
intellectual, scientific and agricultural improvement, and to 
provide by law for a general and uniform system of common 
sfhools, wherein tuition shall be without charge and equally 
open to all. (R. S. 1881, §182; R. S. 1894, §182; R. S. 1897, 
§ 182.) 

1. vScHOOLS A State Institution. Under our former Constitution we had 
two systems of common schools, the general and local ; but the local broke down 
tlie general system, and neither had flourished. This was an evil distinctly in 
the view of tiie convention which framed the new Constitution, and it was de- 
termined that the two systems should no longer co-exist; that the one general 
system should continue, strengthened by additional aids, and that the counter- 
acting local systems should go out of existence. Common schools, as a whole, 
are made a State institution — a system co-extensive with the State, embracing 
within it every citizen, every foot of territory, and all the taxable property of the 
State. — City of Lafayette v. Jenners, 10 Ind. 76 and 77 ; Greencastle Tp. v. Black, 
5 Ind. 557. 

2. (Ieneral. Our common school system must be general, that is, it must 
extend over and eml)race every portion of the State. — Corey r. (!arter, 48 Ind. 058. 

.S. Uniform. It must be uniform. This is secured when all the schools of 
tlio same grade have the same system of government and discipline, the same 
branches of learning taught, and the same qualifications for admission. — Corey v. 
Carter, 48 Ind. 358. 

4. Classification. The schools must be equally open to all. But the Leg- 
islature may classify the pupils to be admitted, with reference to age, sex, advance- 
ment and branches of stiuly to be pursued, and may designate to what schools 
and what school houses the different ages, sexes and degrees of proficiency shall 
be assigned. — Corey v. Carter, 48 Ind. 358. 



44 . SCHOOL LAW OF INDIANA. 

5. Colored Pupils. To require the white and colored children to be taught 
separately, provision being made for the education of each in the same branches, 
according to age, capacity or advancement, with capable teachers, does not 
amount to a denial of equal privileges to either, or conflict with the open char- 
acter of the system required by the Constitution. — Corey v. Carter, 48 Ind. 358. 

6. Legislature does not Levy. The above section does not require the 
Legislature to levy all school taxes nor prohibit it from providing by general law 
for the levying of school taxes by the local school authorities. — Robinson v. 
Schenck, 102 Ind. 307. 

7. Legislative Power. The Legislature is given full power under this sec- 
tion to provide for a general and uniform system of common schools, and such 
power necessarily resides in it, although it be not given by the Constitution. It 
may prescribe the course of study and the system of instruction that shall be pur- 
sued and adopted, as well as the books which shall be used. — State v. Hawoi-th, 
122 Ind. 462. 

2. Common School Fund. 2. The Common School Fund 
shall consist of the Congressional Township Fund and the 
lands belonging thereto ; 

The Surplus Eevenue Fund ; 

The Saline Fund, and the lands belonging thereto ; 

The Bank Tax Fund, and the fund arising from the one hun- 
dred and fourteenth section of the Charter of the State Bank 
of Indiana; 

The fund to be derived from the sale of county seminaries, 
and the moneys and property heretofore held for such semi- 
naries ; for the fines assessed for breaches of the penal laws of 
the State, and from all forfeitures which may accrue ; 

All lands and other estate which shall escheat to the State 
for want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the 
State when no special purpose is expressed in the grant, and 
the proceeds of the sa,les thereof, including the proceeds of the 
sales of the swamp lands granted to the State of Indiana by 
the act of Congress, of the twenty-eighth day of September, 
one thousand eight hundred and fifty, after deducting the ex- 
pense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed 
by the General Assembly for common school purposes. (R. S. 
1881, § 183 ; R. S. 1894, § 183 ; R. S. 1897, § 183.) 

1. Consolidation Void. In so far as this section attempts to consolidate the 
Congressional Township Fund with other funds, it is inoperative. The provisions 
of the School Law of 1852, which were designed in pursuance of this section to 



SCHOOL LAW OF INDIANA. 45 

effect such consolidation, are in contravention of the subsequent section 7, and of 
the congressional grant to the townships. — State v. Springfield Tp., 6 Ind. 83; 
Davis V. Indiana, 94 U. S. 792. 

2. Sale of Seminaries Void. The provisions authorizing the sale of 
County Seminaries is void, impairing the obligation of contracts. — Edwards v. 
Jagers, 19 Ind. 407. Compare Heastcn v. The Board, 20 Ind. 398. 

3. Penalties. The fact that a penalty under E. S. 1894, §8465, for making 
nj'al.-<e /ax Ivit, is to be paid into the County Treasui\v, for the use of the county, 
does net bring the statute into conflict with this section of the Constitution, for 
such penalty is not a fine in the sense of the word as there used. Burgh v. State, 108 
Ind. 182. So the statute turning over certain fines assessed for immorality, to the 
Jfonic for Friendless Women, is valid, sec. 6243, E. S. 1881 ; E. S. 1894, § 8346.— 
City of Indianapolis r. Indianapolis Home, 50 Ind. 215. 

4. Escheated Eeal Estate. Under this section it is "the fund to be 
derived from the sale of escheated real estate," and not such real estate itself, 
which becomes a part of the Common School Fund. — State v. Meyer, 63 Ind. 33. 

5. EsTRAYS. Money arising from the sale of estrays and property adrift, be- 
longs to the School Fund by virtue of the act of 1844, p. 86, and E. S. 1881, ?235; 
E. S. 1894, §235; E. S. 1897, ?235. 

6. See § 248 and notes. 

3. Principal, a Perpetual Fund. 3. The principal of the 
Common School Fund shall remain a perpetual fund, which 
may be increased, but shall never be diminished ; and the in- 
come thereof shall be inviolably appropriated to the support of 
common schools and to no other purpose whatever. (R. S. 1881, 
§ 184; R. S. 1894, § 184; R. S. 1897, § 184.) 

1. Diversion. This "fund must be devoted to the support of the common 
schools, without the diversion from it of a penny for any other purpose whatever." 
—Board V. State, 120 Ind. 282. 

2. Authority of Courtk to Investigate. The money due the School 
Fund can not, by any legislative contrivance, be kept out of it, nor can any legis- 
lative scheme be framed tiiat will preclude the courts from ascertaining the facts. 
No oflicial statement can preclude the proper authorities and erect a barrier 
between thein and tiie way to a recovery of money which the Constitution imper- 
atively ordains shall inviolably and without diminution be preserved for school 
purposes. A statute making the statement of the County Auditors as to the 
amount of school funds held in trust by their respective counties, when approved 
by the Superintendent of Public Instruction, "conclusive evidence of the facts 
therein contained," is unconstitutional. — Board v. State, 120 Ind. 282. 

4. Investment and Distribution. 4. The General As- 
sembly shall invest, in some safe and profitable manner, all such 
portions of the Common School Fund as have not heretofere 
been entrusted to the several counties, and shall make provision, 
l)y law, for the distribution amono- the several counties of the 



46 SCHOOL LAW OF INDIANA. 

interest thereof. (R. S. 1881, ^185; R. S. 1894,, §185; R. S. 
1807, § 185.) 

1. "Invest" Dkfinkp. Tho word "invest" is construed as broad enough 
to cover loans made by counties, and that the fund may be entrusted to them for 
that purpose, but it does not restrict to tliat mode of investment. — Siiocmaker v. 
Smith, 37 Ind. \'2'2. 

5. Reinvestment. 5, If any connty slniU fail to demand 
its proportion of such interest, for Common School purposes, 
the same shall bo reinvested for the benefit of such county. 
(R. 8. 1881, i^ 18t) ; R. S. 1894, § 180 ; R. S. 1897, i^ 180.) 

6. Counties — Liability. 0, The several counties shall be 
held liable for the preservaticm of so much of said fund as may 
be entrusted to them, and for the payment of the annual inter- 
est thereon. (R. S. 1881, §187; II. S. 1894, §187; R. S. 1897, 
§ 187.) 

1. Rents. A county is liable for rents derived from unsold congressional 
township land. — Davis r. lioard, 44 Ind. 38. 

2. Suit. An action may be sustained in the name of the State on the rela- 
tion of the ]->oard of County Commissioners to recover rent received by a Town- 
ship Trustee for the lease of unsold school lands belonging to the sixteenth section, 
and not paid by such Trustee into the county treasury. — Davis v. Board, 44 Ind. 
38; Davis r. Indiana, 04 U. S. (4 Otto) 792. 

3. Money for the Eent op Unsold School Lands. Money derived from 
tlie rents of unsold school lands belonging to the sixteenth section is to be paid 
into the county treasury, to insure its just and equitable distribution to the inhab- 
itants of the congressional township in which such section lies. — Davis v. Board, 
44 Ind. 38. 

4. Policy of the Law. It is the policy of the law that all school revenues 
are to be distributed to the beneliciaries thereof through and from the connty 
treasury to the proper otticers of the various school corporations — cities, towns 
and civil townships. — Davis r. Board, 44 Ind. 38. 

7. Trust Funds inviolate. 7. All trust funds held by the 
State shall remain inviolate, and be faithfully and exclusively 
applied to the purposes for which the trust was created. (R. S. 
1881, § 188; R. S. 1894, § 188; R. S. 1897, § 188.) 

1. Expense of Management. The Constitution requires the counties to 
bear the expense of managing the School Fund ; and if they pay out any part of 
the fund for such expense they are liable to make the loss good. — Board v. State, 
103 Ind. 497; Vanarsdall v. State, Co Ind. 176; State v. Board, 90 Ind. 359 ; 
Board r. State, 116 Ind. 320. 

2. Direct Tkust — Statute op liiMiTATioNS Inoperative. The county, in 
receiving and disbursing the School Fund, acts as the trustee of a direct trust, and 



SCHOOL LAW OF INDIANA. 47 

Mgaiiist siioli trust the defense of the statute of limitations can not be interposed. — 
Board v. .State, 103 Ind. 497; Board r. State, lOG Ind. 270. 

3. Skttlemknt Between Commissioners and County Officer Does Not 
Conclude the State. A settlement between the Board of Commissioners and a 
County Auditor or other county officer does not conclude the State from maintain- 
ing an action to recover school funds unlawfully paid to an officer by the board. — 
Board v. State, 103 Ind. 497; Board v. State, lOG Ind. 270; Board v. State, 116 
Ind. 329; Board v. State, 10(5 Ind. 531. 

4. Duty of Commissioners — Fees — Counsel — Interest. It is the duty of 
the Board of Commissioners to prosecute an action against a Township Trustee 
who refuses to account for the income of land belonging to the Congressional 
Township Fund, and in the discharge of that duty it is proper for the Board to 
employ attorneys and pay reasonable fees for their services out of the proper 
funds ; but such fees can not be paid out of the moneys recovered in such pro- 
reed ings, as such moneys, under the compact between the United States and the 
State of Indiana, and under Section 3 of Article 8 of the State Constitution (Sec- 
tion 3 above), are inviolably appropriated to the inhabitants of the proper town- 
ship for tiie use of the common schools, and for any deduction made therefrom 
for attorneys' fees or otherwise the county is liable, under Sections 6 and 7 of the 
article cited (Sections 6 and 7 above), with interest from the date of diversion. 
Attorneys' fees should be paid out of the general county fund. — Board v. State, 
116 Ind. 329. 

5. The Grant Was a Contract. The grant, by Congress, of the sixteenth 
section to the inhabitants of the Congressional townships, respectively, was a con- 
tract executed and incai)able of revocation by the Legislature. — State v. Spring- 
field Tp., 6 Ind. 83; Quick v. Whitewater Tp., 7 Ind. 570; Quick v. Springfield 
Tp., 7 Ind. 036; Springfield Tp. v. Quick, 22 How. 56. The School Law of 1855 
was held valid.— Quick r. Si)ringfield Tp., 7 Ind. 636. 

8. Superintendent of Public Instruction. 8. The Gen- 
eral Assembly shall provide for the election, by the voters of 
the State, of a State Superintendent of Public Instruction, who 
shall hold his office for two years, and whose duties and com- 
pensation shall be prescribed by law. (R. S. 1881, § 189; R. S. 
1894,^189; R. S. 1897, § 189.) 



48 



SCUOOL LAW OF INDIANA, 



CHAPTER II. 



SUrERINTENDENT OF PUBLIC INSTRUCTION. 



Sro. 

9. Suporintondont. 

10. ('i.iiinioiu'ouK'iit of term— Oath. 

11. Duties OlVu'o—Olorks. 

12. Koport to (jovonior. 

1,'i. Ropovt to General Assembly. 

M. Duties. 

15. Travoliufr cxpcnsos. 

[lStv>, p. : 



Skc. 

16. Supervision of school funds. 

17. May roquiro reports. 
IS. liliinks and forms. 

111. Forms of boolvkeepinR. 

20. Shall publish School Law. 

21. Journals, etc., to Libraries. 



Approved and in force March 6,1865.] 

9. Superintendent— Election. 110. There sluill be elected 
l)v the qualitiod voters of the State, at a general eleetioii, a State 
Superiuteiuleiit of Public Instruction, who shall hold his ofHce 
for two years. (P. 8. 1881, ^ 4400 ; P. S. 1894, § 5835 ; P. S. 1897, 
§ 5997.) 

1. Salaky. The salary of the State Superintendent of Public Instruction is 
$2,500 per annum.— Acts 1805. p. ;V20; R. S. 1807, §6715. 

10. Commencement of term — Oath. 120. His ofHcial 
term shall coiumoncc on the tiftcenth dav of j\Iarch succeeding 
his election. He shall take and subscribe the oath })rescribed 
by law : which proceeding shall in all things conform to the law 
relative to the oaths of public otHcers. (P. S. 1881, § 4407; P. 
S. 1894, ^ 5836 ; P. S. 1897, § 5998.) 

11. Duties — Office — Clerks. 121. The Superintendent 
shall be charged with the administration of the system of pub- 
lic instruction and a general superintendence of the business re- 
lating to the common schools of the State, and of the school 
funds and school revenues set apart and appropriated for their 
support. A suitable office shall be furnished for him at the seat 
of government, in which the books, papers and effects relating 
to the business of said office shall be kept: and there he shall 
give reasonable attendance to the business and duties of the 
office, lie shall render an opinion, in Avriting, to any school 
officer asking the same, touching the administration or construc- 
tion of the school law. lie is hereby authorized to employ two 
clerks for said office, to be paid as the clerks of the office of 



SCHOOL LAW OF INDIANA. 49 

the Auditor of State are paid ; and the sum. of eighteen hnn- 
(h-ed (h)lhir8 is lierel)y annually appropriated for that }»urpos6. 
(li. S. 1881, § 4408; li. S. 1894, § 5837 ; li. S. 1897, § 5999.) 

1. ADniTiONAii Clerk. The General Assembly, upon the passage of the 
school hook law, provided for an additional clerk, which has been continued by 
subsequent Legislatures. 

2. OiMNioxs. He is not bound to give opinions except to scho(il officers — 
that is county auditors, county treasurers and superintendents, township trustees, 
school directors, and school trustees of towns and cities. But tiie courtesy of 
Superintendents has established the custom of answering questions touching the 
construction and administration of the school laws for all who need such inform- 
ation. 

2. His Opinions not a Defense. It has been decided that depositing 
funds in a solvent bank, by advice of State and county superintendents and county 
hoard, if loss result, is no defense to the trustee depositing. — Inglis v. State, 61 
Ind. -212. 

12. Report to Governor. 122. In the month of January 
in each year in which there is no regular session of the General 
Assenihly, he shall make a hrief report, in writing, to the 
Governor, indicating, in general terms, the enumeration of 
the children of the State for common school purposes, the addi- 
tions to the permanent school fund within the year, the amount 
of school revenue collected within the year, and the amounts 
apportioned and distrihuted to the schools. (R. S. 1881, § 4409 ; 
li. S. 1894, § 5838; R. S. 1897, § 6101.) 

13. Report to General Assembly. 123. At each regular 
session of the General Assembly, on or before the fifteenth day 
of January, said Superintendent shall present a biennial report 
of his administration of the system of public instruction, in 
which he shall furnish a brief exhibit — 

First. Of his labors, the results of his experience and observ- 
ation as to the operation of said system, and suggest the remedy 
for observed imperfections. 

Second. Of the amount of the permanent school funds, and 
their general condition as to safety of manner of investment; 
the amount of revenue annually derived therefrom, and from 
other sources; estimates for the following two years; and the 
estimated value of all other property set apart or appropriated 
for school purposes. 

Third. Of such plans as he may have matured for the better 
organization of the schools, and for the increase, safe invest- 
4 — ScH. Law, 



50 SCHOOL LAW OF INDIANA. 

mcnt, and better preservation and manag'enient of the perma- 
nent school funds, and for the increase and nioi'e economical 
expenditure of the revenue for tuition. 

Fo(nih. Tie sluill present a comparison of the results of tlie 
year then ch)sing with those of tlie year next preceding, and, 
if deemed expedient, of years preceding that, so as to indicate 
the progress made in the husineSvS ot public instruction. 

Fifth. lie shall furnish such other information relative to the 
system o'^ public instruction — the schools, their permanent 
funds, annual revenues, etc., as he may think to be of interest 
to the Ueneral Assembly. 

Tie shall append to said repoi't statistical tables, compiled 
from the materials transmitted to his otlice by the proper othcers, 
with proper sununaries, averages and totals ap[>ended thereto. 
Tie shall ai>{>en(l a. statement of the semi-annual collections of 
school rcxenue, and his apportionment thei'cof ; and, Avlicn he 
(U'cms it o'( sullicicnt interest to do so, he shall append extracts 
from the coiTesj)on<lence o)l school i>ilicers, tending to show 
either the salutary or defective operatit)n of the system or of 
any of its parts; and shall cause ten thousand copies to be 
printed and distributed to the sexeral counties of the State. 
{\l. S. 1881, § 4410; K. S. 18!)4, ^ 5880; \{. 8. 18{)7, § 0102.) 

14. Duties. 124. Tie shall visit each county in the State 
at least once dui-ing his term of otlice, and examine the Audi- 
tor's books and recortls relative to the school funds and revenues, 
with a view to asccM-tain the amount and the safety ami preser- 
vation of said funds and re\enues-, and (ov that [turpose he 
shall have access to, and full j>ower to require for inspection the 
use of the books and [)ai)ers of the Auditor's otHce. AVhen- 
cver he nniy discover that any ol' the school funds are unsafely 
invested and uu[)roduetive o\' school re\enue, or that any of 
the school revenues have been diverted from their proper ob- 
jects, he shall repcu't the same to the (Tcneral Assend)ly. Tie 
shall meet with sut-h school otfu'ers as may attiMul his appoint- 
ment, counseling with the teachers, and lecturing upon topics 
calculated to subserve the interests of popular education. (R. 
S. 1881, i^44n ; T-i. 8. 1894, §5840; R. S. 1897, §6103.) 

15. Traveling expenses. 125. He shall "receive, for trav- 
eling and other expenses while traveling on the business of tlie 



SCHOOL LAW OF INDIANA. 51 

•lepai'tnient, a sum not exceeding six hundred dollars per annum ; 
;ind an appropriation of that amount is herehy made for that 
purpose, annually. (Li. S. 1881, §4412; R. S. 1894, §5841; R. 
S. 1897, § 6104.) 

16. Supervision of school funds. 126. He shall exercise 
siicli supervision over the school funds and revenues as may he 
necessary to ascertain their safety, and secure their preservation 
and application to the proper object; and cause to be instituted 
in the name of the State of Indiana, for the use of the proper 
I'und or revenue, all suits necessary for the recovery of any 
}>()rtion of said funds or revenues. ' It is hereby made the duty 
of the proper Circuit Prosecuting Attorney to prosecute all 
;;uch suits at the instance of the Superintendent, and without 
charge against said funds or revenue. (R. S. 1881, §4413; R. 
S. 1894, §5842; R. S. 1897, §6106.) 

17. May require reports. 127. lie may require of the 
C(tunty Auditors, County Superintendents, County Treasurers, 
Trustees, Clerks and Treasurers, copies of all reports required 
to be made by them, and all such other information in relation 
to the duties of their respective offices, so far as they relate to 
the condition of the school funds, revenues and property of the 
common schools and the condition and management of such 
schools, as he may deem important. (R. S. 1881, §4414; R. S. 
1894, §5843; R. S. 1897, §6106.) 

18. Blanks and Forms. 128. He may prepare, and trans- 
mit t(j the proper officers, suitable forms and regulations for 
making all reports, and the necessary blanks therefor, and all 
necessarv instructions for the better organization and govern- 
ment of common schools, and conducting all necessary proceed- 
ings under this act. (R. S. 1881, §4415; R. S. 1894, §5844; R. 
S.^1897, §6107.) 

19. Forms of bookkeeping. 102. Forms and modes of 
bo()kkee[)ing shall, from time to time, be prescribed for County 
Auditors and County Treasurers by the State Superintendent 
(.f Public Instruction. (R. S. 188l", §4416; R. S. 1894, §5845; 
R. S. 1897, § 6108.) 



52 



SCHOOL LAW OF INDIANA. 



20. Shall publish school laws. 129. He shall cause as 
many copies of the acts of the General Assembly in relation to 
the common schools or the school funds, with necessary forms, 
instructions, and regulations, to he from time to time printed 
and distributed among the school townships as he shall deem 
the public good requires. (R. S. 1881, §4417 ; R. S. 1894, § 5846 ; 
R. S. 1897, § 6109.) 

21. Journals, etc., to libraries. 130. He shall supply 
each common school library with the Legislative and Docu- 
mentary Journals, and the acts of each session of the General 
Assembly, and his own annual reports. At the expiration of 
his term of office he shall deliver to his successor possession of 
the office, and all books, records, documents, papers, and other 
articles pertaining or belonging to his office. (R. S. 1881, 
§ 4418 ; -R. S. 1894, § 5847 ; IL S. 1897, § 6110.) 



CHAPTER III. 



STATE BOAKD OF EDUCATION. 



Sec. 
22. 



State Board of Education. 
Duties and powers. 



Sec. 

24. State certificates. 

25. Pay and mileage of Board. 



[1875, p. 130. Approved February 25, 1875. In force August 24, 1875.1 

22. State Board of Education. 153. The Governor of 
the State, the State Superintendent of Public Instruction, the 
President of the State University, the President of Purdue 
University, the President of tlie State Normal School, and Su- 
perintendents of common schools of the three largest cities in 
the State, shall constitute a board, to be denominated the In- 
diana State Board of Education. The size of the cities shall, 
for this purpose, be determined by the enumeration of children 
for school purposes, annually reported by County Superintend- 
ents to the Superintendent of Public Instruction. The Super- 
intendent of Public Instruction shall, ex officio, be President of 
the Board ; and in his absence the members present shall elect 
a President pro tempore. The Board shall elect one of its mem- 
bers Secretary and Treasurer, who shall have the custody of its 



SCHOOL LAW OF INDIAN'A. 53 

i-ecoi-tls, pa[)ers and eft'ects, and shall keep minutes of its pro- 
ceedings: PromJcd, That such records, papers, eftects and 
minutes shall he kept at the cilice of the Superintendent, and 
shall he open for his inspection. The said Board shall meet 
npon the call of the President or a majority of its memhers, at 
such place in the State as may he designated in the call; and 
shall devise, adopt and procure a seal, on the face of which 
shall be the words, "Indiana State Board of Education," and 
such other device or motto as the Board may direct — an im- 
pression and written description of which shall be recorded on 
the minutes of the Board and tiled in the office of the Secretary 
of State ; which seal shall be used for the authentication of the 
acts of the Board and the important acts of the Superintendent 
of Public Instruction. (R. S. 1881, §4420; R. S. 1894, §5849; 
R. S. 1897, § 6112.) 

1. The First Board. When first created in 1852 the Board consisted of the 
Superintendent of Public Instruction and the Governor, Secretary, Treasurer and 
Auditor of State. In 1855 the Attorney-General was added. It remained merely 
a board of State officers, but little interested in or conversant with educational 
affairs, and exerting no appreciable influence, till 1865, when the membership was 
constituted as at present, except the President of Purdue University, who was 
added in 1875. As a board of professional educators, independent of politics, it 
has been a valuable agent in our educational progress. 

2. Board op School Book Cojimissioners. The members of the State Board 
of Education are also, by virtue of their office, members of the State Board Com- 
missioners for school books. See Sec. 26. 

[1865, p. 3. Approved and in force March 6, 1865.] 

23. Duties and powers. 154. Said Board, at its meet- 
ings, shall perform such duties as are prescribed by law, and 
may make and adopt such rules, by-laws and regulations as 
may be necessary for its own government, and for the complete 
carrying into effect the provisions of the next section of this 
act, and not in conflict with the laws of the State, and shall 
take cognizance of such questions as may arise in the practical 
administration of the school system not otherwise provided for, 
and duly consider, discuss, and determine the same. (R. S. 
1881, § 4421 ; R. S. 1894, § 5850 ; R. S. 1897, § 6113.) 



54 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.] 

24. State certificates. 155. Said Board may grant State 
certificates of qualiiication to siicli teacliers as may, upon a 
thorough and critical examiiiatioii, be found to possess eminent 
schohxrship and professiouiil ability, and shall furnish satisfac- 
tory evidence of good moral character. They shall hold stated 
meetings, at which they shall examine all applicants, and those 
found to possess the qualifications herein above named slif.ll re- 
ceive such certificate, signed by the President of the Board, and 
impressed with the seal thereof; and the said certificate shall 
entitle the holder to teach in any of the schools of the State 
without further examination, and shall also be valid during the 
lifetime of said holder, unless revoked by said Board. Each 
applicant for examination shall, on making application, pay to 
the Treasurer of the Board five dollars as a fee. (R. S. 1881, 
§ 4422 ; R. S. 1894, § 5851 ; 11. S. 1897, § 6114.) 

Professionax, and State Licenses. Examiiaations for these licenses are 
conducted by the County Superintendents in the months of March and April. 

Subjects for March : Algebra, Civil Government, American Literature, Sci- 
ence of Education, and two of the following three subjects : Elements of Physics, 
Elements of Botany, and Latin (Latin Grammar, two books of Caesar, and two of 
Virgil.) 

Subjects for April : Geometry, Rhetoric, General History, English Litera- 
ture, Physical Geography, and two of the following three subjects : Chemistry, 
Geology and Zoology. 

The following requirements govern the application for Life State and Profes- 
sional Licenses. 

1 . Applicants for Life State and Professional Licenses must have held two 
thirty-six month licenses in Indiana, or an equivalent in another State, obtained 
by actual examination, and must have taught successfully at least forty-eight 
months, which facts shall be properly certified to and sent with the manuscripts 
to the State Board ot Education. 

Before entering upon the examination, applicants shall present to the County 
Superintendent satisfactory evinence of good moral character and professional 
ability. Applicants for Life State License shall pay five dollars each (the fee 
prescribed by law), which can, in no case, be refunded. 

2. Applicants for Professional License will take the March examination 
only. 

3. No fee is required of applicants for Professional License. 

4. A license will be granted to those who make a general average of seventy- 
five per cent., not falling below sixty per cent, in any subject, and who present satis- 
factory evidence of professional ability and good moral character. 

5. An applicant for a Life Slate License who shall fail in the examination for 
the same, but who has met all the requirements of a Professional License, shall 



SCHOOL LAW OF INDIANA. 00 

ivceive such license, or if he reaches the required average for a Professional 
JJcense, but falls below the standard per cent, in one subject, he may be condi- 
tioned in such subject, and may be granted a Professional License on the same 
conditions as if he had originally applied for a license of this class. 

G. An applicant is "conditioned," that is he may complete the work at the 
nc-xt regular examination, if he reach the required general average and pass suc- 
cessfully upon all tiie branches except one, required for the license applied for. 
,\ statement setting forth this fact will be "furnished such "conditioned" appli- 
cant, wlio must present the same to the County .Superintendent, wlio will forward 
it with the manuscript to this Department. 

[1873, p. 68. Approved and in force March 8, 1873.] 

25. Pay and mileage of Board. 15G. The members of 
said Board, otlicr tlian the Governor and State Superintendent 
of Public Instruction, shall be entitled to receive for their 
services, while actually engaged in the duties of their office, 
five dollars per day and five cents per mile necessarily traveled 
^vhile so engaged ; which amount shall be certified by the Board 
to the Auditor of the State, who shall draw his warrant therefor, 
payable oat of the general fund, which sum shall be reimbursed 
to the general fund by the Treasurer of the Board paying into 
it that amount out of the money received by him as fees for 
certificates ; and if there be any residue of money received as 
such fees, it shall be expended by the Superintendent of Public 
Instruction in the purchase of suitable books for an office 
lilirary. Said Board shall be allowed the necessary expenses 
incurred in the discharge of the duties required of the same, 
lor clerk hire, postage, etc. ; which expenses shall be paid as 
the expenses of the members of the Board are paid. (Ti. S, 
1881, § 4423 ; R. S. 1894, § 5852 ; R. S. 1897, § 6115.) 



56 



SCHOOL LAW OF INDIANA. 



CHAPTER IV. 



SCHOOL BOOKS. 



Sec, 
26. 

27. 
28. 
29. 
30. 
31. 
32. 
33. 
M. 
&i. 
,3f>. 
37. 

38. 
39. 
40. 
41. 



43. 
44. 

45. 
46 
47. 
48. 
49. 
50. 



State Board of Education a Board of 

School. Book Commissioners. 
Advertise for bids. 
Open bids. 

May procure manuscripts. 
State not liable, 
(iovernor's proclamation. 
Trustee's duty. 
Quarterly reports. 
Superintendent to enter suit. 
Superintendent's special bond. 
Reports to contractors. 
Sale for more than contract price a mi.**- 

denicanor. 
Embezzlement. 

Appropriation — Laws repealed. 
Advertise for bids. 
Trustees to make requisitions first 

Monday of June. 
Trustees to acknowledge receipt of 

books. 
Books for poor or indigent children. 
Reports to Commissioners .and County 

Superintendent. 
Appropriation. 
Suit on Trustee's bond. 
County Superintendent's fepeeial bond. 
Superintendent's report to contractor. 
Failure to report — Embezzlement. 
Books to be uniformly used. 



Sec. 

51. Duty of contractor. 

52. Name and i)rice of books on cover. 

53. State Sui)erintendent's duty. 

54. Act supplemental. 

55. Contractors to file consent. 

56. Sale to merchants or dealers — Trustee'3 

report. 

57. Officers to supply sufficient books. 

58. Duty of merchants and dealers. 

59. County Superintendent to make report. 

60. Officers failing to report — Risht of 

action. 

61. Failure to report at expiration of term — 

Embezzlement. 

62. Sale for more than contract price a mis- 

demeanor. 

63. Contractors to file consent for revision 

of books. 

64. Author to revise — County and State 

Superintendent to scale requisition. 

65. Intermediate grammar or language 

lessons. 

66. State Board to meet— Notice. 

07. Frequency of revision — (Jeographies. 

68. Standard of revision— Contractor's 

bond. 

69. Appropriation. 

70. New bond. 

71. State Superintendent's duty. 

72. Act supplemental. 



fl889, p. 74. Became a law by lapse of time without the Governor's approval, March 2, 1889.] 

26. State Board of Education a Board of School Book 
Commissioners. 1- The State Board of Education shall con- 
stitute a Board of Commissioners for the purpose of makino; a 
selection, or procuring the compilation for use in the common 
schools of the State of Indiana, of a series of text-books in tlie 
following branches of study, namely : Spelling, reading, arith- 
metic, geography, English grammar, physiology, history of the 
United States, and a graded series of writing books. The 
matter contained in the readers shall consist of lessons com- 
mencing with the simplest expression of the language, and by 
a regular gradation advancing to and including the highest 
style of composition both in poetry and prose: Provided, That 



SCHOOL LAW OF INDIANA. 57 

none of said text-books shall contain anything of a partisan or 
sectarian cliaracter: And, prorided further, That the foregoing 
books sliall be at least equal in size and quality as to matter, 
material, style of binding and mechanical execution, to the 
folh)wing text-books now in general use, namely : The speller to 
MeGutfey's Spelling-book, the reader to Appleton's Keaders, 
the arithmetic to Hay's New Arithmetic Series, the geographies 
to the Eclectic Series of Geographies, the grammar to Harvey's 
Grammar, the physiology to Dalton's Physiology, the history 
of tlie United States to Thalheimer's History of' the United 
States, and the writing-books equal to the Eclectic Copy-books. 
(R. S. 1894, § 5853 ; R. S. 1897, § 6269.) 

1. Constitutional. This act is constitutional. It is not void on the ground 
that it creates a monopoly, nor on the ground that it confers a special privilege. 
—State V. ITaworth, 122 Ind. 462. 

2. Choice of Books. Tlie Legislature has the power to require a designated 
series of books to be used in the public schools, and to require that the books 
selected shall be obtained by the scliool officers from the person to whom tlie con- 
tract for Kup[)lying tliem may be awarded. It may not only prescribe regulations 
for using the books designated, hut it may also declare how the books shall be 
obtained and distributed. — State v. Haworth, 122. Ind. 462. 

27. Advertise for bids. 2. The said Board of Commis- 
sioners shall, immediately upon the taking effect of this act, 
advertise for twenty-one consecutive days in two daily papers 
}»iil)lished in this State, having the largest circulation, and in 
one newspaper of general circulation in the cities of New York, 
IMiiladelphia, Cincinnati, Chicago and St. Louis that at a time 
and place to be iixed by said notice, and not later than six 
months after the lirst publication thereof, said board will receive 
scaled proposals on the following : 

l^^lrst. From })ul)lishers of school text-books, for furnishing 
l)()()ks to the school trustees of the State of Indiana for use in 
the common schools of this State, as provided in this act, for a 
term of live years, stating specifically in such bid the price at 
which each book will be furnished, and accompanying such bid 
with specimen copies of each and all books proposed to be fur- 
nished in such l)id. 

Second. From authors of school text-books, who have manu- 
scripts of books not published, for prices at which they will sell 
their manuscript, together with the copyright of such books, 
for use in the public schools of the State of Indiana, 



58 SCHOOL LAW OP INDIANA. 

Tidied. From persons wlio are willing to undertake tlie com- 
pilation of a book or books, or a series of books, as provided 
for in section one (1) of this act, the price at which they are 
willing to undertake such compilation of any or all of such 
books, to the acceptance and satisfaction of the said Board of 
Commissioners : Provided, That any and all bids by publishers, 
herein provided for, must be accompanied by a bond in the 
penal sum of fifty thousand dollars, with resident freehold 
surety, to the acceptance and satisfaction of the Governor of 
this State, conditioned that if any contract be awarded to any 
bidder hereunder, such bidder will enter into a contract to per- 
form the conditions of his bid to the acceptance and satisfaction 
of said board : And 'provided further, That no bid shall be con- 
sidered unless the same be accompanied by the affidavit of the 
bidder that he is in nowise, directly or indirectly, connected 
with any other publisher or firm who is now bidding for books 
submitted to such board, nor has any pecuniary interest in any 
other publisher or firm bidding at the same time, and that he is 
not a party to any compact, syndicate or other scheme whereby 
the benefits of competition are denied to the people of this 
State : And he it further jjrovided, That if any competent author 
or authors shall compile any one or more books of the first 
order of excellence, and shall ofier the same as a free gift to the 
people of this State, together with the copyright of the same 
and the right to manufacture and sell such works in the State 
of Indiana for use in the public schools, it shall be the duty of 
such Board of Commissioners to pay no money for any manu- 
script or copyright for such book or books on the subject treated 
of in the manuscript so donated ; and such board shall have the 
right to reject any and all bids, and at their option such board 
shall have the right to reject any bid as to a part of such books, 
and to accept the same as to the residue thereof. (R. S. 1894, 
§5854; R. S. 1897, § 6270.) 

■28. Open bids. 3. It shall be the duty of such board to 
meet at the time and place mentioned in such notice, and open 
and examine all sealed proposals received pursuant to the notice 
provided for in section two (2) of this act, and it shall be the 
further duty of such board to make a full, complete and thor- 
ough investigation of all such bids or proposals, and to ascertain 



SCHOOL LAW OF INDIANA. 50 

under wliicli of said proposals or propositions the school books 
could be furnished to the people of this State for use in the 
common schools at the lowest price, taking into consideration 
the size and quality, as to matter, material, style of binding, 
and mechanical execution of such books : Provided, always, That 
such board shall not, in any case, contract ^itli any author, 
publisher or publishers, for the furnishing of any book, manu- 
script, copyright, or books, which shall be sold to patrons, for 
use in the public schools of this State, at a price above, or in 
excess of, the following, which prices shall include all cost and 
charges for the transportation and delivery to the several County 
School Superintendents in this State, namely : for a spelling 
book, ten (10) cents ; for a first reader, ten (10) cents ; for a 
second reader, fifteen (15) cents; for a third reader, twenty-five 
(25) cents ; for a fourth reader, thirty (30) cents ; for a fifth 
reader, forty (40) cents ; for an arithmetic, intermediate, thirty- 
five (35) cents ; for an arithmetic, complete, forty-five (45) cents ; 
for a geography, elementary, thirty (30) cents ; for a geography, 
complete, seventy-five (75) cents ; for an English grammar, ele- 
mentary, twenty-five (25) c^nts ; for an English grammar, com- 
plete, forty (40) cents ; for a physiology, thirty-five (35) cents ; 
for a history of the United States, fifty (50) cents ; for copy 
books, each, five (5) cents. (R. S. 1894, § 5855 ; R. S. 1897, 
§ 6271.) 

29. May procure manuscripts. 4, If, upon the examina- 
tion of such proposals, it shall be the opinion of such Board of 
Commissioners that such books can be furnished cheaper to the 
patrons for use in the common schools in the State, by i^rocuring 
and causing to be published the manuscript of any or all of such 
books, it shall be their duty to procure such manuscript and to 
advertise for sealed proposals for jDublishing the same, in like 
manner as hereinbefore provided and under the same conditions 
and restrictions. And such contract naay be let for the publica- 
tion of all of such books, or for any one or more of such books 
separately ; and it shall be the further duty of such Board of 
Commissioners to provide in the contract for the publication of 
any such manuscript for the payment, by the publisher, of the 
compensation agreed between such board and the author or 
oAvner of any such manuscript for such manuscript, together with 



60 SCHOOL LAW OF INDIANA. 

the cost or expense of copyrighting the same. (R. S. 1894, 
§5856; E. S. 1897, § 6272.) 

30. State not liable. 5. It shall he a part of the terms and 
conditions of every contract made in pursuance of this act that 
the State of Indiana shall not he liahle to any contractor here- 
under for any sura whatever ; hut that all such contractors shall 
receive their pay and compensation solely and exclusively from 
the proceeds of the sale of the hooks, as provided for in this act. 
(R. 8. 1894, § 5857; R. S. 1897, § 6273.) 

31. .Governor's proclamation. 6. As soon as such hoard 
shall have entered into any contract for the furnishing of hooks 
for use in the public schools of this State, pursuant to the pro- 
visions of this act, it shall be the duty of the Governor to issue 
his proclamation announcing such fact to the people of this 
State. (R. S. 1894, § 5858; R. S. 1897, § 6274.) 

32. Trustee's duty. 7. "When such proclamation shall 
have been duly issued, it shall be the duty of the School 
Trustees of each and every school corporation in this State, 
within thirty days thereafter, and at such other times as books 
may be needed for use in the public schools of their respective 
corporations, to certify to the County Superintendent of their 
respective counties the number of school text-books provided 
for in such contract required by the children for use in the 
schools of their several school corporations. Such County 
Superintendent shall forthwith make such requisition for books 
as the schools in the said several counties may require upon the 
State Superintendent of Public Instruction, and that said State 
Superintendent of Public Instruction shall immediately there- 
after make a requisition for said books upon the contractor, 
who shall, within ninety days, ship the books so ordered 
directly to the County School Superintendents of the several 
counties of this State. Upon the receipt of such books it shall 
be the duty of such County School Superintendents to immedi- 
ately notify all the School Trustees of the school corporations, 
as shown by the last school enumeration of their counties, of 
the receipt of such books. It shall then be the duty of such 
School Trustees to immediately procure and take charge and 
custody of all the books assigned to their several school corpo- 



SCHOOL LAW OF INDIANA. 61 

rations, receipting therefor, to the said County School Superin- 
tendent ; and, upon the receipt of such books by said School 
Trustees, tlie}^ shall furnish them, on demand, to the school 
patrons or school children of their respective corporations, at 
the price fixed therefor by the contract entered into between 
said Board of Commissioners and said contractor ; and it shall 
be the duty of such school otficers to sell books for cash only ; 
and if they shall sell or dispose of any books other than for the 
cash x^rice thereof, they shall be held personally liable, and liable 
upon their official bond for the price of such book or books : 
Pro tided, That any patron or pupil of any school or schools 
other than the public schools, and also any child between the 
ages of six and twenty-one years of age, or the parent, guardian 
or teacher of such child, shall have the right to purchase and 
receive the books, and at the prices herein named, by payment 
of the cash price thereof to the School Superintendent of any 
county in this State, and it is hereby made his duty to make 
requisition upon the contractor for any and all books so ordered 
and paid for by any such person or persons : A^id, ])romded 
further, That nothing in this act shall operate to prevent the 
State Board of Education, Boards of School Trustees or Boards 
of School Commissioners, from devising means and making 
arrangements for the sale, exchange or other disposition of such 
books as may be owned by the pupils of schools under their 
charge, at the time of the adoption of books under the provisions 
of this act. (R. S. 1894, § 5859 ; K. S. 1897, § 6275.) 

33. Quarterly reports. 8. At the expiration of three 
months after the receipt of such books by the County Superin- 
tendent, and every three months thereafter, it shall be the duty 
of each school trustee receiving and chargeable with books 
under the provisions of this act, to make a full and complete 
report to the County Superintendent of the number of books 
sold, and the amount of money received therefor, and the num- 
ber of books on hand ; and at the time of making such report 
he shall pay over to the County Superintendent all moneys re- 
ceived by him or with which he is chargeable, from the sales of 
books in his hands; which report shall be duly verified by the 
oath of the party making it. (R. S. 1894, § 5860 ; R. S. 1897, 
§ t!276.) 



62 SCHOOL LAW OF INDIANA. 

34. Superintendent to enter suit. 9. If, at the expira- 
tion of ten days from tlie time required by this act for the 
making of such report of any School Superintendent chargea- 
ble with books under this act, any such officer shall have failed, 
neglected or refused to make such report, or turn over any 
moneys with which he is chargeable, it shall be the duty of the 
County School Superintendent, within fifteen days, to enter suit 
upon his official bond for an accounting and recovery of any 
moneys due from him on account of such books with which he 
is chargeable; and all judgments recovered upon such bonds 
shall include a reasonable attorney's fee for the attorney prose- 
cuting such suit; and such judgment shall be without relief 
from valuation or appraisement laws, and shall be without stay 
of execution. (R. S. 1894, § 5861 ; R S. 1897, § 6277.) 

35. Superintendent's special bond. 10. It shall he the 
duty of the several Ck)unty School Superintendents of this 
State, within thirty da3''s from the issuing of the proclamation 
by the Governor, as hereinbefore provided for, and of every 
County School Superintendent hereafter elected, before he 
enters upon the discharge of his official duties, to enter into a 
special bond, with at least two freehold sureties of such county, 
payable to the State of Indiana, conditioned that they wnll 
faithfully and honestly perform all the duties required of them 
by this act, and account for and pay over all moneys that may 
come into their hands, pursuant to the provisions of this act, in 
a penal sum which shall be equal in amount to one hundred 
dollars for every one thousand inhabitants of their respective 
counties as shown by the last census immediately preceding the 
giving of such bond, to be approved by the Board of Commis- 
sioners of their respective counties ; and upon the failure of any 
County School Superintendent to give such bond, his office shall 
become immediately vacant, and the Board of Commissioners 
of his county shall immediately appoint some competent and 
suitable person to fill such vacancy for the unexpired term of 
his office. (R. S. 1894, § 5862 ; R. S. 1897, § 6278.) 

36. Keports to contractor. 11. It shall be the duty of 
each County School Superintendent in this State, within ten 
days after the quarterly reports of the school trustees, as here- 



SCHOOL LAW OF INDIANA. 63 

inbefore provided for, to make a full, true, complete and detailed 
report to tlie contractor of all books sold by tlie several school 
trustees of liis county, and of the number of books in the 
hands of the trustees of each school corporation, which report 
shall be accompanied by all cash received by him from the 
school officers from sales of books by them sold, and which 
report shall be duly verified by him, and a duplicate thereof 
shall be filed in the office of the Auditor of his county. Upon 
the failure of any County School Superintendent to make the 
report and to transmit the cash, as required by this section, a 
right of action shall immediately accrue to the contractor 
against the said school superintendent and the sureties upon 
the bond provided for in this act, for an accounting and for the 
recovery of any moneys received and not transmitted by him, 
and for any damages which may have resulted from his neglect 
or failure to comply with the provisions of this act, and any 
judgment upon any such bond shall include a reasonable fee 
for the attorney prosecuting such suit, and such judgment shall 
be without relief from valuation and appraisement laws, and 
shall be without stay of execution. (R. S. 1894, § 5863; R. S. 
1897, § 6279.) 

37. Sale for more than contract price a misdemeanor. 

12. Any school trustee charged with the sales of any books 
under the provisions of this act, who shall directly or indirectly 
demand or receive any money for any book or books in excess 
of the contract price, as hereinbefore provided, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
fined in any sum not less than ten nor more than one hundred 
dollars, to which may be added imprisonment in the county jail 
for a term not exceeding sixty days. (R. S. 1894, § 5864; R. S. 
1897, § 6280.) 

38. Embezzlement. 13. Any county school superintend- 
ent or trustee of any township or school corporation in this 
State who shall fraudulently fail or refuse, at the expiration of 
the term for which he was elected or appointed, or at any time 
during such term, when legally required by the proper person 
or authority, to account for and deliver and pay over to such 
person or persons as may be lawfully entitled to receive the 



64 SCHOOL LAW OP INDIANA. 

same, all moneys or school books which may have come into 
his hands by virtue of the provisions of this act, shall be deemed 
guilty of embezzlement, and upon conviction thereof shall be 
imprisoned in the State prison for any period not more than 
five years nor less than one year, and lined in any sum not ex- 
ceeding one thousand dollars, and rendered incapable of hold- 
ing any office of trust or profit for any determinate period. 
(R. S. 1894, § 5865 ; E. S. 1897, § 6281.) 

39. Appropriation — Laws repealed. 14. The sum of one 

thousand dollars is hereby appropriated out of any funds in 
the State Treasury not otherwise appropriated, for the purpose 
of paying the cost and expenses incident to the giving of the no- 
tices herein provided for, and carrying out the provisions of this 
act. All laws and parts of laws in conflict with the provisions of 
this act are hereby repealed. (R. S. 1894, §5866; R. S. 1897, 
§ 6282.) 

[1891, p. 99. Approved and in force March 5, 1891.] 

40. Advertise for bids. 1. It shall be the duty of the 
Board of Commissioners, for the purpose of securing for use in 
the common schools of the State of Indiana of a series of text- 
books as constituted by the act of the General Assembly in this 
section mentioned, to immediately advertise for bids, and to act 
upon such bids as may be submitted for the furnishing for use 
in the common schools of the State of Indiana of a spelling- 
book, a primary physiology, a more advanced work on physiol- 
ogy and hygiene, an elementary grammar, a complete grammar, 
and a history of the United States. In advertising for such bids, 
and in acting upon any bid which may be submitted, such Board 
of Commissioners shall be governed, as far as possible, by the 
same terms, conditions and limitations concerning them, and 
shall require bidders and contractors to comply with all terms, 
conditions and limitations concerning bidders or contractors, so 
far as applicable, as are contained in an act of the General Assem- 
bly of Indiana, entitled "An act entitled an act to create a Board 
of Commissioners for the purpose of securing for use in the com- 
mon schools of the State of Indiana of a seines of text-books, 
defining the duties of certain officers therein named with refer- 
ence thereto, making appropriations therefor, defining certain 



SCHOOL LAW OF INDIANA. 65 

felonies and misdemeanors, providing penalties for the violation 
of the provisions of said act, repealing all laws in conflict there- 
with, and declaring an emergency." Acts of the General As- 
seml)ly of the State of Indiana, 1889, p. 74 : Provided, That the 
standard of Physiologies shall be Hutchinson's laws of health 
and Iliitchinson's physiology and hygiene : And iwovided further , 
That no bids shall be considered in which the price of a primary 
physiology shall exceed thirty cents for the volnme, or in which 
a physiology and hygiene shall exceed sixty cents for the volume, 
or in which a history of the United States shall exceed sixty -five 
cents for the volume. (R. S. 1894, § 5867 ; E. S. 1897, § 6283".) 

41. Trustees to make requisitions first Monday of June. 

2. That it shall be the duty of the Township Trustees and 
School Boards of the State, severally, on the first Monday of 
June in each year, and at such intermediate times as the neces- 
sity therefor shall exist, after considering the number and kind 
of adopted books already sold in the corporation, the number 
and kind of such books on hand, and ascertaining from their 
teachers or Principal and Superintendent, as the case may be," 
the enrollment of scholars in the diiferent classes or grades of 
the schools of the corporation, to order such quantities of the 
books which the State has at that time adopted, as may seem to 
him, or to it, to be necessary for use in the schools of such cor- 
poration until the first day of June then next succeeding; the 
estimate being based upon the information which it is above 
provided shall be gathered, and on the advice of the County 
Superintendent : Provided, That the total orders for any school 
year of the books adopted heretofore, and those mentioned in 
section one of this act, shall not exceed the amount of one dol- 
lar for each child enumerated for school purposes in the corpora- 
tion : And provided farther, That it shall be the duty of the State 
Superintendent to properly scale down any order for books 
which may pass through his hands in case that it shall seem 
clear to him that such order is for a quantity of books in excess 
of the needs of the corporation during the period for which such 
books were ordered. (R. S. 1894, § 5^868 ; R. S. 1897, § 6284.) 

42. Trustees to acknowledge receipt of books. 3. 

Whenever an order for the books which the State has adopted, 

5 — ScH. Law. 



^Q SCHOOL LAW OF INDIANA. 

or may adopt, shall have been filled hy a contractor with the 
State, and the books delivered to the Township Trustee or 
School Board making such order, it shall be the duty of such 
trustee or boards to immediately acknowledge the receipt of 
such books to the contractor, and also to make a report thereof 
to the County Superintendent, and it shall be lawful for any 
such trustee or school board to at once make payment for such 
books to the contractor, through the superintendent of the 
county, out of any school funds in excess of the needs of their 
respective townships or school corporations for current ex- 
penses, or other special needs, in the hands or control of such 
trustee or board, aside from the principal or interest of the 
common congressional school fund, or the "school revenue for 
tuition:" Provided, however, That no debt shall ever be con- 
tracted, or warrant, or other evidence of indebtedness, ever be 
issued by a trustee or board on account of a purchase of books : 
And, j^rovided farther, That whenever any books are paid for by 
any trustee or school board, such trustee or school board shall 
be liable personally, and liable upon their otficial bonds, respec- 
tively, for the preservation, custody and safe keeping of all 
such books until the same are sold and accounted for, or other- 
wise disposed of according to law. Wlienever a book, paid for 
as aforesaid, is sold by a trustee or school board, it shall be the 
duty of such trustee or school board to turn the entire proceeds 
of such sale into the fund, out of which payment was made to 
the contractor, to reimburse the fund for such advancement. In 
case a trustee or school board receiving books from a contractor 
with the State shall not pay for such books, as provided in this 
section, he, or it, shall make quarterly reports under oath of the 
sale of such books, accompanied by all cash received therefor, 
to the County Superintendent, for transmission to the contractor, 
as now provided by law, until such books shall have been fully 
paid for. The provisions of this section shall apply to all orders 
heretofore filed : Provided, That if said trustee or board shall 
have on hands any books heretofore ordered, for which he, or 
it, may have no immediate use, the same shall, upon the order 
of the County Superintendent, or the State Superintendent of 
Public Instruction, be returned to the contractor, or be shipped 
to such other point as the contractor may direct, the contractor 
to pay all freight charges on such shipment ; and the County 



SCHOOL LAW OP INDIANA. 67 

Superintendent and such trustee or board sliall, thereupon, have 
credit for such books so returned or shipped. (R. S. 1894, 
§6869; E. S. 1897, §6285.) 

43. Books for poor or indigent children. 4. It shall 
be the duty of each Township Trustee and each School Board 
to furnish the necessary school books, so far as they have 
been or may be adopted by the State, to all such poor or indi- 
gent children as may desire to attend the common schools of 
his, or its, corporation, as in his, or its, opinion would be other- 
wise unable to attend such schools : Provided^ That no Town- 
ship Trustee in this State shall receive an amount exceeding live 
dollars as compensation for his services in any one year for 
duties performed in carrying out the provisions of this act, or 
the act to which it is supplemental. (R. S. 1894, § 5870 ; R. S. 
1897; §6286.) 

44. Reports to Commissioners and County Superin- 
tendent. 5. AVhen books are fully paid for out of the funds 
of a school corporation, as provided in section three of this act, 
it shall not be necessary for the Township Trustee or School 
Board of such corporation to make quarterly reports of the 
sale of the adopted books, but instead thereof a report shall in 
all cases be made by him, or it, upon oath on the first Monday 
of August in each year to. the County Superintendeni, and like 
report upon oath shall at the same time be made to the Board 
of Commissioners of the county, which reports shall severally 
state the number and kind of books on hand at last report ; the 
number and kind sold; the number then on hand; the disposi- 
tion of the money received on such sales ; the amount of money 
used from any school fund in payment for books received; and 
the condition of such funds. Such reports shall also state the 
number and kind of books furnished as provided in section four 
of this act; for the price of which books so furnished the 
Township Trustee or School Board furnishing the same shall 
have credit. (R. S. 1894, § 5871 ; R. S. 1897, § 6287.) 

45. Appropriation. 6. The sum of one thousand dollars 
is hereby appropriated out of the general fund in the State 
treasury to enable the Board of School Commissioners, men- 
tioned in section one of this act, to advertise for bids as in said 
section provided. (R. S. 1894, § 5872 ; R. S. 1897, § 6288.) 



68 SCHOOL LAW OP INDIANA. 

46. Suit on Trustee's bond. 7. Any Township Trustee 
or member of a School Board, receiving or being in possession 
of any moneys whicli at the end of the next quarter shouUl be 
turned over to the County Superintendent to pay a contractor 
for books sohl whicli have not been paid for out of the funds 
of the corporation, wbo shall fail to report the sale of such 
books at the end of such next quarter, or who shall fail to pay 
thorcwith the full proceeds thereof to the County Superin- 
tendent, or so much thereof as may be neces>^ary to fully pay 
the contractor, shall be liable, after demand upon him, to a suit 
on his official bond, brought on the relation of the County 
Superintendent, wliose duty it shall be to bring the action for 
the amount due from him, and damages, if any, and any judg- 
ment which shall be rendered in favor of the plaintiff in the 
action shall contain a reasonable attorney's fee, and shall be 
payable without relief from valuation or appraisement laws. 
The same liability upon his bond shall accrue against a Town- 
ship Trustee or member of a School Board who shall refuse to 
pay over as in this act required any moneys drawn from the 
funds of his corporation on account of books purchased, or who 
shall fail to apply all moneys for books sold that have been 
purchased by the corporation, to the reimbursement of the 
proper fund. Any judgment rendered against a Township 
Trustee, School Board, or member of a School Board, because 
of the non-performance of any duty, shall include a reasonable 
fee for the plaintiff's attorney. (R. S. 1894, § 5873; R. S. 1897, 
§ G289.) 

47. County Superintendent's Special Bond. 8. It shall 
be the duty of each County School Superintendent of this State, 
within thirty days from the taking effect of this act, and of each 
County School Superintendent hereafter elected, before he enters 
upon tlie discharge of his official duties, to execute a special 
bond with at least two freehold sureties of his county, payable 
to the State of Indiana, conditioned that he will faithfully and 
honestly perform all the duties required of him by law, and 
account for and pay over all moneys which may come into his 
hands pursuant to law, in a penal sum which shall be equal to 
one hundred dollars for every thousand iiduibitants of his 
county, as shown by the last census immediately preceding the 



SCHOOL LAW OF INDIANA. 69 

giving of such bond, which bond shall be executed to the 
approval of the Board of Commissioners of his county, and 
upon failure of any County School Superintendent to give 
such bond, his office shall become immediately vacant, and the 
Board of Commissioners of his county shall immediately appoint 
some competent and suitable person to fill such vacancy for the 
unexpired term of his office. (R. S. 1894, § 5874; E. S. 1897, 
§ 6290.) 

48. Superintendent's report to contractor. 9. It shall 
be the duty of such County School Superintendent within ten 
days after the receipt of any report, or money, from a Town- 
ship Trustee or School Board, as hereinbefore provided for, to 
make a full, true, complete and detailed report thereof to the 
contractor, which report shall be accompanied by all cash 
received by him from the school officers. The report above 
provided for shall be duly sworn to by the County Superin- 
tendent, and a duplicate thereof shall be filed by him in the 
office of the Auditor of his county. Upon the failure of any 
County School Superintendent to make report to the contractor 
and to transmit the cash as required by law, a right of action 
shall immediately accrue to the contractor against the said 
County School Superintendent, and the sureties upon his bond 
})rovided for in this act, for an accounting and for the recovery 
of any moneys received and not transmitted by him, and for any 
damages which may have resulted from his neglect or failure to 
comply with the provisions of this act, and any judgment upon 
any such bond shall include a reasonable fee for the attorney 
prosecuting such suit, and such judgment shall be without 
relief from valuation or appraisement laws, and shall Ije without 
stay of execution. (R. S. 1894, § 5875; R. S. 1897, § 6291.) 

49. Failure to report — Embezzlement. 10. Any County 
School Superintendent, or Trustee of any Township, or member 
of any School Board in this State, who shall fraudulently fail 
or refuse, at the expiration of the term for which he was elected 
or appointed, or at any time during such term, when legally 
required by the proper person or authority to account for and 
deliver and pay over to such person or persons as may be law- 
fully entitled to receive the same, all moneys, or school books 



70 SCHOOL LAW OF INDIANA. 

which may come into liis hands by virtue of the provisions of 
law, shall be deemed guilty of embezzlement, and upon convic- 
tion thereof shall be imprisoned in the State prison not more 
than five nor less than one year, and fined in any sum not ex- 
ceeding one thousand dollars, and rendered incapable of holding 
any oihce of trust or profit for any determinate period. (R. 8. 
1894, §587G; R. S. 1897, §6292.) 

50. Books to be uniformly used. H. The books which 
have been, or may hereafter be, adopted by the State of Indiana 
for use in its common schools by virtue of this act, or the act 
mentioned in section one hereof, shall be uniformly used in all 
the common schools of the State, in teaching the branches of 
learning treated of in such books, and it shall be the duty of 
the proper school oflicers and authorities to use in such schools 
such books for teaching the subjects treated in them. (R. S. 
1894, § 5877 ; R. S. 1897, § 6293.) 

51. Duty of Contractor. 12. It shall be the duty of any 
person or persons, firm or corporation, who shall hereafter fur- 
nish and supply books under the provisions of this act, or under 
the provisions of the act of 1889, title whereof is set out in the 
first section of this act, to ship to and notify the consignee of 
such shipment, and deliver the books ordered by the various 
County Superintendents, at such railway stations as may be 
most convenient for the various Townsliip Trustees or School 
Boards in the several counties to receive the same as may be 
directed bj^ the said County Superintendent. And in preparing 
such books for such shipment, it shall be the duty of every 
such contractor to wrap each several kind of books by them- 
selves in packages of not to exceed five or ten books, according 
to their size, each such package to be securely wrapped in good 
substantial paper of sufficient weight to protect the books en- 
closed therein, and to be closed at each end thereof, and each 
package to have plainly and clearly marked or printed on the 
outside thereof the kind and number of books contained there- 
in, and as many of such packages shall be enclosed in large 
packages or boxes as may be safe and convenient for shipment. 
And upon the receipt of such books it shall be the duty of each 
Township Trustee or School Board to carefully care for ai^d 



SCHOOL LAW OF INDIANA. 71 

protect such books until sold, and to preserve the same in the 
original packages in which they are wrapped without opening, 
until all copies of the same books heretofore received by him 
or it have been sold, and thereafter not to open any such pack- 
age until all copies contained in packages previously opened 
have been sold : Provided^ If, upon the opening of any such 
package, any Township Trustee or School Board shall discover 
that any of the books therein contained have been damaged, or 
are - defective at the time of their receipt by him, or it, so as to 
be unsalable, he, or it, shall not be required to offer the same 
for sale, but in such an event, he, or it, shall immediately notify 
the County Superintendent of such damaged or defective book 
or books, who shall immediately thereafter give notice thereof 
to the contractor furnishing the same, and thereafter such dam- 
aged or defective book or books shall be subject to the order of 
the contractor. (R. S. 1894, § 5878 ; E. S. 1897, § 6294.) 

52. Name and price of books on cover. 13. It shall be 
the duty of any person or persons, firm or corporation who may 
hereafter furnish and supply books under the provisions or this 
statute, or of the act of 1889, the title Avhereof is set out in the 
first section of this act, to print in large letters upon the out- 
side of the first cover of each book so furnished and supplied 
by him or them, the name of the adopted book, and upon tlie 
outside of the back cover the price at which such book is fur- 
nished to be sold to pupils, under such contract, and it shall be 
the duty of all County Superintendents, Township Trustees, 
and other school officers and school teachers, to see that all 
books so furnished to pupils, and bought by pupils for use in 
the schools of the State shall bear such imprint: Provided, 
This section shall not apply to copy books. (E,. S. 1894, § 5879 ; 
li. S. 1897, § 6295.) 

53. State Superintendent's duty. 14. It shall bo the 
duty of the Superintendent of Public Instruction to cause to be 
printed, at the expense of the printing fund, and to send to 
each of the County Superintendents, as soon as possible after 
the passage thereof, a sufficient number of copies of this act to 
provide such Superintendent and each Townshp Trustee and 
each member of the School Board in such county with one copy 



72 y01U»OL LAW OK INDIANA. 

of such JK't. Each C\)uiity 8uiioriiil(.Mulcnt shall, at oiico, upon 
tlio i"ccci[)t of the cop'n's intended I'oi' his county, uiail, or othec- 
wise delivei', to each I'ownsliij) Truslee and incMuhcr ot" a. School 
iJoard in his county u copy of this act. (K. S. 18l)4, § 5880 ; K. 
S. 1807, ^(!2t){).) 

54. Act supplemental. 15. Nothing" in this uct shall ho 
construed to in anywise atfect the act nu utioued in section one 
of this act, and the two acts shall ho reg'arded as each sui)i)le- 
nuMitinu,' the other, except wliei'e tliis act shall })ri)vido a ditfer- 
enl [>roi'e(hiro from the iirst act, in A\hich easo the provisions of 
this ai't shall ii'o\(M-u. Nothing' in this act shall i)o constinied 
as atfectinii;' or iin[)airiui>; any conti'aet right secured hy any con- 
tractor und(M- the act luentionod in section one of this act, hut 
all such contracts are lierehy declared to he, anil are lierehy 
nuule, hindinij: upon the State to the same extent as thoy would 
have boon iuul this act not been passed. (U. S. 1894, § 5881 ; 
U. S. 1897, §0207.) 

llS'.Ki. p. Hvi. Apin-ovotl ami in foroo iMjuoh 1, 1S*«.] 

55. Contractors to file consent. 1. Whenever the con- 
tractors, or either of them, to the extent that they luiglit be 
utfectod in their contract rights under pi-ior laws, to wit : An 
not entitled '"An act entitled an act to create a Board of Ooni- 
missionors for the purpose of securing, for use in the common 
schools of the State of Indiana, of a series of text books, detin- 
ing the duties of certain otlicers therein named with reference 
thereto, making appropriations therefor, deliniug certain fel- 
onies and misdemeanors, providing penalties for the viohitiiui 
of the provisions of said act, • repealing all laws in contiict 
tluu'owith and tleclariug an emergency,'" passed by tlie Cicneral 
Assembly of the State of Indiana in tlie year 1889, and juih- 
lisbed on page 74 of the acts of 1889; and an act supplemental 
thereto and upon the same general subject, approved March o, 
1891, shall have tiled with the State Superintendent of Public 
Instruction an agreement in writing, duly executed by them, or 
eitlicr of them separately, consenting to the operation of this 
act, as atfecting the sale of school b'uiks furnished by them, 
imder contract with the State pursuant to the provisions of ex- 
isting laws, it sliall then be lawful for, and it is hereby made 



SCHOOL LAW OP INDIANA, 73 

the duty of, the Township Trustees and School Boards of this 
State, to sell, for cash, to all merchants and dealers who may 
apply therefor, and in such quantities as they may require, a 
sufHcient number of adopted school books, furnished by the 
contractor or contractors, so consenting, to supply all demands 
of school patrons and pupils attending the common schools and 
residing in their immediate neighborhoods, respectively; which 
])ooks shall, in no event, be sold to school patrons or pupils, by 
such merchants or dealers, at a price in excess of the price fixed 
in the contract for such books between the State Board of 
School Book Commissioners and such contractor. In making 
such sales, the Township Trustee and School Boards shall be 
authorized, and it is hereby made their duty to deduct ten per 
cent, from the contract price at which such books are required 
l)y law to be sold to the school patrons and school children of 
the State, to compensate the dealer for handling and selling 
such books ; one-half of which deduction shall be borne by the 
contractor and one-half thereof by such school corporation. 
And hereafter no adopted books shall be delivered or sold to 
merchants or dealers l)y any County School Superintendent, 
Township Trustee or School Board, except upon the terms and 
conditions hereinbefore specified. (R. S. 1894, § 5882 ; R. S. 
1807, § 6298.) 

56. Sale to Merchants or Dealers — Trustee's Report. 

2. AVhen sale shall bo made of any books by any Township 
Trustee or School Board to any merchant or dealer, pursuant 
to the provisions of section one of this act, it shall be the duty 
of such Trustee or School Board, at the end of such calendar 
month, to make a report thereof to the County School Superin- 
tendent of the number and kind of books sold, and the amount 
of money received therefor, and the number and kind of books 
on hand ; and at the time of making such report to pay over to 
the County School Superintendent all money received by him 
or them from any such sale or sales ; at the time of making 
such report such Trustee or School Board shall also pay to such 
Superintendent, for transmission to the contractor, the one-half 
of the amount of the deduction in the price of the books so 
sold, which last amount shall be paid out of and charged to the 
special school fund of such school corporation; and for such 



74 SCHOOL LAW OF INDIANA. 

amount the said Trustee or School Board shall take the receipt 
of such Superintendent. And in their reports to and settle- 
ments thereafter made with the Board of Commissioners of 
their respective counties, the said Trustees and School Boards 
shall he entitled to full credit for the money so paid out of said 
fund when such Superintendent's receipt is tendered and filed 
with such reports : Provided, That whenever any ToAvnship 
Trustee or School Board shall have sold all hooks ordered hy 
him or them, or in his or their hands for sale to merchants or 
dealers, as herein provided, they shall not he required to make 
quarterly reports, as now provided hy law. (R. S. 1894, § 5883 ; 
R. S. 1897, § 6299.) 

57. Officers to supply sufficient books. 3. It shall he 
the duty of County School Superintendents, Township Trustees 
and School Boards to see that at all times there are sufficient 
numher of hooks on hand, either in the hands of such Superin- 
tendents, Trustees or School Boards respectively, or in the 
hands of the dealers in the different neighhorhoods of their re- 
spective school corporations, to supply the patrons and pupils 
of the common schools with all needed hooks; and nothing in 
this act shall he construed so as to relieve them from any of the 
duties now imposed hy law in this respect. (R. S. 1894, § 5884 : 
R. S. 1897, § 6300.) 

68. Buty of merchants and dealers. 4. It shall be the 
duty of all merchants or dealers who may be supplied with books 
by virtue of the provisions of this act to furnish the Township 
Trustee or School Board of whom such books may have been 
purchased and received with a detailed statement of the number 
of books of each kind on hand on the fifteenth day of May of 
each year, and at such other times during the year as the same 
may be called for by such Trustee or School Board ; and any 
merchant or dealer who shall refuse for the period of five days 
after request to do so, by any Trustee or School Board entitled 
to receive the same, to furnish such statement as above provided, 
shall not be entitled thereafter to purchase or sell any school 
books under the provisions of this act. And upon the receipt 
of any such report it shall be the duty of such Trustee or School 
Board to forthwith transmit a copy thereof to the County School 



SCHOOL LAAV OF INDIANA. 75 

Superintendent, who shall, within ten days after the receipt of 
any such report, transmit a copy thereof to the contractor, for 
which reports the contractor shall furnish the necessary blanks. 
(R. S. 1894, § 5885 ; R. S. 1897, § 6301.) 

59. County Superintendent to make report. 5. It shall 
he the duty of each County School Superintendent in this State, 
within ten days after receiving any report or money on account 
of the sale of any books, from any Trustee or School Board of 
liis county, as hereinbefore provided, to make a full, true and 
verified report to the contractor of the number and kind of 
books so sold by the several Township Trustees or School Boards 
of his county, and of the number and kind of books on hands 
with the said school ofiicers and himself, which report shall be 
accompanied by all cash received by him from such Trustees or 
School Boards on account of such sales ; and he shall file a 
duplicate thereof in the ofiice of the Auditor of his county. The 
necessary blanks for which reports shall be furnished by the 
contractor. (R. S. 1894, § 5886 ; R. S. 1897, § 6302.) 

60. Officers failing to report — Eight of action. 6. Upon 
failure of any Township Trustee, School Board or County School 
Superintendent to perform any duty or to make report of any 
cash received by him or them, as required by the provisions of 
this act, a right of action shall immediately accrue to the con- 
tractor against the said ofiicer so in default, and the sureties 
upon his oflicial bond, for an accounting and for the recovery of 
any money received and not transmitted by him or them, and 
for any damage which may have resulted from his or their neg- 
lect or failure to comply with the provisions of this act ; and 
any judgment in favor of the contractor in any such action shall 
include a reasonable fee for the attorney prosecuting the suit, 
and such judgment shall be collectible without relief from valu- 
ation and appraisement laws, and shall be without stay of execu- 
tion. (R. S. 1894, § 5887 ; R. S. 1897, § 6303.) 

61. Failure to report at expiration of term — Embezzle- 
ment. 7. Any County School Superintendent, Township 
Trustee or member of any School Board of this State who shall 
fraudulently fail or refuse, at the expiration of the term for 
which he was elected or appointed, or at any time during such 



^6 SCHOOL LAW OP INDIANA. 

term, when legally required by the proper person or authority, 
to account for and pay over to such person or persons as may 
be lawfully entitled to receive the same, all money or school 
books not previously accounted for, which may have come into 
his hands by virtue of the provisions of this act, shall be 
deemed guilty of embezzlement, and upon conviction thereof, 
shall be imprisoned in the State Prison not more than five years 
nor less than one year, and fined in any sum not exceeding one 
thousand dollars and rendered incapable of holding any ofiice 
of trust or profit for any determinate period. (R. S. 1894, 
§ 5888; R. S. 1897, § 6304.) 

62. Sale for more than contract price a misdemeanor. 8. 

Any merchant or dealer who shall knowingly or willfully charge, 
receive, collect or attempt to charge or collect, for any school 
book or books by him sold to any school patron or pupil, any 
sum in access of the price at which such book or books are 
recpiired to be sold by law, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be imprisoned in the 
county jail not more than six months nor less than thirty days, 
and fined in any sum not exceeding five hundred dollars. (R. S. 
1894, § 5889; R. S. 1897, § 6305.) 

63. Contractors to file consent for revision of books. 9. 

Whenever the contractors for furnishing books for use in the 
common schools, under the provisions of existing laws herein- 
before specified, shall have filed with the State Superintendent 
of Public Instruction their consent, in writing, to the revision 
or the introduction of an intermediate book, as hereinafter pro- 
vided, duly executed by them, and the State Board of School 
Book Commissioners shall determine that a revision is needed 
of any or all of the books in use in the common schools under 
contract made pursuant to law, or that an intermediate gram- 
mar or language lessons is needed, then it shall be lawful for 
the State Board of School Book Commissioners to order a 
revision to be made of any or all of such books as in their 
judgment may be found necessary for the welfare of the common 
schools of the State, in the manner and under the conditions 
following : 

The said Board of School Book Commissioners shall select a 
competent author or authors to perform the work of revision 



SCHOOL LAW OF INDIANA. 77 

of the subject-matter of such book or books so ordered to be 
revised. The entire cost of such revision, including the niiinu- 
script, ilhistrations, engravings, maps and plates therefor, shall 
be paid by the contractor or contractors who may at the time 
of such revision be required to furnish such book or books 
under their contract with the State. The cost and expense, 
however, of such revision shall first be agreed upon by the State 
Board of School Book Commissioners and the contractor or 
contractors before such work of revision is commenced : Pro- 
vided, If said Board and contractor or contractors shall, for a 
period of sixty days after an estimate of the cost of any pro- 
posed revision has been furnished by such State Board to the 
contractor, be unable to agree upon an amount, which in the 
opinion of such State Board would be necessary to cover the 
cost of any such revision, then the said State Board may adver- 
tise for bids from publishers of school books for furnishing any 
such book or books, the cost of revision of which could not be 
agreed upon ; and in such advertisement, selecting and contract- 
ing for such book or books, the said Board shall be governed 
by the provisions of laws now in force respecting such matters. 
(R. S. 1894, § 5890; R. S. 1897, § 6306.) 

64. Author to revise — County and State Superintend- 
ent to scale requisition. 10. Whenever the revision of any 
book, or series of books, shall be determined upon by the 
State Board of School Book Commissioners, and they shall 
have contracted with an author or authors to furnish the man- 
uscript for such revision, sufficient time shall be given to the 
author in which to perform the work of revising the subject 
matter of such book to the acceptance and satisfaction of such 
Board, and when the revision of the subject matter of any such 
l)ook is completed by the author and the manuscript thereof 
furnished to the contractor, at least six months' time shall be 
given the contractor in which to make the necessary illustra- 
tions, engravings, maps and plates, manufacture and ship the 
books to the various school corporations of the State before any 
such contractor shall be required to furnish any such book, or 
series of books, so revised for use in the schools of the State 
under his contract. And no new book, or revised book, or 
series of books, shall be introduced for use in the schools of the 



78 SCHOOL LAW OF INDIANA. 

State, tit any time, by virtue of the provisions of this act, until 
the State Board of School Book Commissioners shall have 
given notice to the County Superintendents, Township Trustees 
and School Boards of the State, by printed notice mailed to 
each of said school officers, last above named, at least twelve 
months in advance of the time when such book, or series of 
books, are to be used in the public schools, and like notice shall 
be given by said Couuty Superintendents, Trustees and School 
Boards to all merchants and dealers in their respective school 
corporations, who may be selling the adopted books. And it 
shall be the duty of the State Superintendent of Public Instruc- 
tion and the County Superintendents of each county to scale 
down to the minimum number all requisitions for school books, 
which may be made after such notice is given, thereby enabling 
all Township Trustees, School Boards, and dealers, to dispose 
of the stock of books in their hands ; but no dealer shall buy 
or carry on hand, at any time, more books than are actually 
needed to supply the demands therefor, for the purpose, or with 
the intent, of preventing the introdnction of any new or re- 
vised book, according to the spirit of this act. And for the 
purpose of enabling the State Superiutendent of Public Instruc- 
tion to determine when any requisitious should be scaled down 
in anticipation of the expiration of auy existing contract, it 
shall be the duty of the contractor to furnish to said State Su- 
perintendent a copy of the quarterly verilied reports made by 
County Superintendents to the contractor, giving the number 
and kind of books on hand with the various dealers and Town- 
ship Trustees and School Boards of their respective counties ; 
and at the expiration of such notice such book or books shall 
only be required to be introduced in the schools as new classes 
in the study of such branches are being formed, and all classes 
in such study, or studies, who, at the time of the expiration of 
the term of such notice, shall have purchased books for use in 
such classes, shall be allowed time to complete such books be- 
fore beiug compelled to buy new or revised books. And at the 
expiration of any contract now in existence, or which may 
hereafter be made by the State Board of School Book Commis- 
sioners, for furnishing books for use in the common schools of 
the State of Indiana, the books then in use in the common 
schools of this State under such contract or contracts shall be 



SCHOOL LAW OF INDIANA. . 79 

continued in use therein at the same price and upon the same 
terms and conditions until such time or times as the State 
Board of School Book Commissioners shall determine that a 
revision thereof is necessary for the best interests of the schools, 
when such revision shall be made, or a new book contracted for 
and introduced for use in the schools as hereinljcfore specified : 
Provided, That, at the expiration of any such contract, the State 
Board of School Book Commissioners shall require such con- 
tractor or contractors furnishing such books to execute a new 
bond, conditioned that they will continue to execute such con- 
tract in all regards as they had theretofore executed the origi- 
nal contract: Provided, further, That nothing herein contained 
shall be construed as restraining or preventing said State Board 
of School Book Commissioners, after any such school book, or 
any such revised book, shall have been in use in the schools of 
the State for a period of five years, from proposing to the con- 
tra.ctor furnishing the same, such reduction in the price at which 
such book or revised book shall be continued in use in the schools 
for the next ensuing five years, as, in the judgment of said board, 
may seem reasonal)le. If such contractor shall accede to such 
proposed reduction, then the price of such book or revised book 
shall, for such ensuing period of five years, be fixed at the orig- 
inal contract price thereof, less the amount of the reduction so 
agreed upon, and such price shall be printed on the back of 
said book, as now required by law. In event said contractor 
shall not be willing to accede to such terms, the said board may 
ap[)<)int a disinterested person, conversant with such matters, 
and require the said contractor to select another such person, 
and the two so chosen shall select a third, and, thereupon, the 
three so chosen shall inquire into and consider what, if any, 
reduction ought to be made in the price at which such book or 
revised book should be furnished for use in the schools of the 
State for the next ensuing period of five years, and if they shall 
determine that any such reduction ought to be made, they shall 
fix the amount of such reduction, and shall certify to the said 
board and to such contractor their determination in that behalf, 
and thereupon, if said contractor shall accede to the price thus 
arrived at, the price of said book for the next ensuing five 
years shall be fixed at that sum, and the same shall be printed 
on the back of such books, as now provided by law, and said 



80 SCHOOL LAW OF INDIANA. 

coiiti-iictor shall bo rc(j[iiircd to furnish the sainc at siu;li price; 
but otherwise, in all regards under the })r()visiona of this act 
and acts to which it is ,sui»[»leniental. JUit if such contractor 
shall decline to accede to such price thus arriv^ed at, then such 
board shall have the right, in their discretion, to proceed to 
advertise for bids to furnish a book in the place thereof; and, 
in so doing, and in all subsequent steps therein, they shall pro- 
ceed in accordance with the provisions of this act and of the 
acts to which it is supplemental: And, promdcdfarl/u'r, That 
noMiiiig ill this act contained shall be construed to prevent the 
[State JJoard of School Book Ooniiaissioners from exercising 
their discretion in deciding whctlicr they shall order any of the 
books aJi'eady in use under contract to 1)0 revised, or whethei', 
instead, they shall advertise for books to be adopted instead of 
said books already in use. (R. S. 1894, §5891; K. S. 18U7, 
§ G307.) 

65. Intermediate grammar or language lessons. 11- If, 

ill the o[»inion of the State Uoard of School Book Commission- 
ers, an intermediate grammar or language lessons is needed for 
the better teaching of such branch of study, instead of a revision 
ol" tlie series of grammars now in use, it shall then be lawful for 
such l)oa.rd to pi'ovide for such intermediate book, and for that 
})urpose shall proceed, as now provided by law, to advertise for 
proposals to furnish such book, recpiiring bond in such sum as 
they deem suihcient to insure the compliance with such pro- 
posals, consider such proposals and contract for such book: 
Provided^ however^ That such intermediate graunuar shall be 
e(pnd in quality as to material, style of binding and mechanical 
exet'ution to Long's Lessons in English, and in subject matter 
shall embrace not less than 110 pages, and shall be adapted to 
follow in sequence to that of the Language Lessons book of said 
series now in use, and to be properly introductory to the imitter 
contained in the complete book of the series as now adopted; 
and if revision of the grammar now in use should be determined 
upon by the State Board of School Book Commissioners, then 
such modiiication shall be made of each or either of the books 
now constituting said course in grammar as shall ada})t them 
more perfec^tly to use in the same series, and as shall cover more 
perfectly the entire subject matter necessary to a complete edu- 



SCHOOL LAW OF INDIANA. 81 

cation in this branch of learning. And said intermediate gram- 
mars shall not he S(^ld to i)atrons or pupils of the public schools 
of this State at a price above or in excess of twenty cents each, 
(li. S. 1894, § 5892 ; R. S. 1897, § 6308.) 

66. State Board to meet — Notice. 12. For the purpose 
of determining Avliat book or books, if any, may need revision, 
or whether an intermediate grammar is needed, the Htate Board 
of School Book Commissioners shall meet on the first Monday 
of April, 1893, and shall then and there make such inquiry and 
examination of books then in use under contract with the State 
as shall enable them to determine upon the propriety of ordering 
anv such revision or intermediate book or Lans-uaa-e Lessons. 
And such board shall, within sixty days thereafter, determine 
and give notice to the contractors of any and all revisions that 
shall be required to be made before the time of the expiration 
of the existing contract for any such book or books. (R. S. 
1894, § 5893 ; R. S. 1897, § 6309.) 

67. Frequency of revision — Geographies. 13. In no case 
shall a revision of any book or books be required by the State 
Boai'd of School Book Commissioners oftener than every five 
3'eai"s, except in geographies and histories, which said mentioned 
books may be ordered to be revised as often as in the opinion of 
the said board shall be necessary to keep said books accurate 
and modern in all matters pertaining to those branches of study, 
(K. S. 1894, § 5894 ; R. S. 1897, § 6310.) 

68. Standard of revision — Contractor's bond. 14. When- 
ever any book en* series of l)ooks shall be revised by order of 
the State Board (jf School Commissioners such book or books, 
when completed and ready for use in the schools, shall be equal 
in every respect to the standard now fixed by law, as to subject 
matter, material, style of binding, and mechanical execution. 
And said State Board, when contracting for any such revision, 
shall require the contractor or contractors to enter into a writ- 
ten agreement for the furnishing of such books, and to execute 
bond with resident freehold sureties to the acceptance of the 
Governor of this State for the faithful compliance with their 
contract, such bond to be in such amount as said board shall 

6 — Sen. Law. 



82 SCHOOL LAW of Indiana. 

(loom sufRcicnt for tlio purposes contemplated. (K. S. 1894, 
§ 5895 ; R. S. 1897, § 0611.) 

69. Appropriation. 15. The sum of one thousand dollars 
is hereby appropriated out of any funds in the State Treasury 
not otherwise appropriated for the purpose of paying costs and 
ex[)onses incident to the giving of notices herein provided for 
l)y said State Board of School Book Commissioners, and to pay 
the expenses of the State Superintendent of Public Instruction 
incurred in the distribution of this act, and of the acts to which 
this is sup})loniontal, as herein required, and to carry out the 
provisions of this act. (R. S. 1894, § 5896 ; R. S. 1897, § 6312.) 

70. New bond. 16. If at any time the State Board of 
School Book Commissioners shall find that the bond of any 
contractor, contracting to furnish books for use in the CHminion 
schools of the State of Indiana, under this act, or the acts to 
which it is supi)h>niontal, has become insufficient to secure the 
faithful performance of such contract, or from any other reason 
become inoperative, they shall have the right to require such 
contractor to execute a new and sufficient bond to secure the 
faithful execution of such contract. And upon failure of any 
such contractor to furnish such new bond within thirty days 
after being so re(piired by said board, the said board shall give 
notice thereof to the Attorney-General of the State of Indiana, 
Avho shall immediately ui)on receipt of such notice bring suit to 
procure the cancellation of such contract of such contractor so 
refusing. And service of summons in such cause upon the 
nii'ent of such contractor in the State of Indiana shall be deemed 
and held to be sufficient service upon the contractor; and in 
such case the Attornoy-Geueral shall receive a reasonable fee 
for the prosecuting of such action. (R. S. 1894, § 5897 ; R. S. 
1897, § 6313.) 

71. State Superintendent's duty. 17. It shall be the duty 
of the State Superintendent of Public Instruction, immediately 
upon the passage of this act, to cause to be printed a sufficient 
number of copies thereof, as well also of the acts referred to in 
the first section hereof, to furnish each County Superintendent, 
School Trustee and member of School Boards in the State of 



SCHOOL LAW OF INDIANA. 



83 



Indiana, with one copy thereof, and promptly to distrihnte the 
.same to snch school officers thron2:;h the County Superintend- 
ents. (R. S. 1894, § 5898 ; 11. S. 1897, § 6314.) 

72. Act supplemental. 18. This act shall be construed 
as supplementary to the acts referred to in the first section 
hereof, and said former acts are continued in full force and 
efieet, except so far as modified by the provisions of this act. 
(li. S. 1894, § 5899 ; R. S. 1897, § 6315.) 



CHAPTER V. 



COUNTY SUPEEINTENDENT. 



73. County Superintendent. 

74. Shall c.xauiino teachers. 

75. May revoke license. 

76. Examinations — License. 

77. Record-book — Rjiiort to State Superin- 

tendent. 

78. General duties. 



Sec. 

79. When must enumerate. 

80. Annual reports. 

81. Apportionment — Report. 

82. Compensation. 

83. Duty as to apportionment. 

84. Duty as to School Fund. 



[1873, p. 75. Approved and in force March 8, 1873.] 

73. County Superintendent. 33. The Township Trustees 
of the several townships sliall meet at the oftice of the County 
Auditor of their respective counties, on the first Monday of 
June, eighteen hundred and seventy-three, and biennially there- 
after, and appoint a County Superintendent, who shall be a citi- 
zen of such county, whose ofiicial term sliall expire as soon as 
his successor is appointed and qualified, who, before entering 
upon the duties of his office, shall take and subscribe an oath 
that he will faithfully perform his duties as such ofl&cer accord- 
ing to law, which oath shall be filed with the County Auditor, 
and shall execute a bond with freehold surety, to the approval 
of the County Auditor, payable to the State of Indiana, in the 
penal sum of one thousand dollars, conditioned that he will 
faithfully discharge his duties according to law, and faithfully 
account for, and pay over to the proper persons all money which 
may come into his hands by reason of such ofiice, and there- 
upon, the County Auditor shall report the name and postoffice 



84 SCHOOL LAW OF INDIANA. 

address of the person appointed to the Superintendent of Pub- 
lic Instruction: Provided, hoiocver, That the Board of County 
Commissioners shall have power to dismiss any County Super- 
intendent for immorality, incompetency, or general neglect of 
duty, or for acting as agent for the sale of any text-book, school 
furniture or maps; but no County Superintendent shall be dis- 
missed without giving him written notice, under the hand and 
seal of the Auditor, ten days before the first day of the term of 
the Court of Commissioners, at which the cause is to be heard, 
and the said notice shall state the charges preferred against the 
Superintendent, the character of the instrument in which they 
are preferred, whether petition, complaint or other writing, and 
in the name of those preferring the same. And the duties re- 
quired of the School Examiner by this act shall hereafter be 
performed by the County Superintendent. Whenever a vacancy 
shall occur in the office of County Superintendent b}^ death, 
resignation or removal, the said Trustees, on the notice of the 
County Auditor, shall assemble at the office of such Auditor 
and fill such vacancy for the unexpired portion of the term, in 
the manner herein provided, and the County Auditor shall be 
clerk of such election in all cases, and give the casting vote in 
case of a tie, and shall keep the record of such election in a 
book to be kept for that purpose. (E. S. 1881, §4424; R. S. 
1894, § 5900 ; R. S. 1897, § 6116.) 

1. Amendments Void. The act of March 9, 1875 (Acts 1875, p. 131), 
attempting to amend this section, and §?76, 78 and 82, is unconstitutional and 
void. — Board v. Smith, 52 Ind. 420; State v. Harrison, 67 Ind. 71 ; likewise is the 
attempted amendment of 1895 (Acts 1895, p. 208), Boring v. State. 141 Ind. G40. 

2. QuoEUM FOR Appointment. The County Auditor, not being a member 
of the body, can not be counted in determining whether or not a quorum is pres- 
ent. An election by less than a quorum is void. — State v. Porter, 113 Ind. 79; 
State V. Edwards, 114 Ind. 581. 

3. Meeting of Trustees. The Trustees, having failed to appoint a Super- 
intendent on the day fixed by law, adjourned sine die, and afterward, on call of 
the Auditor, met and made an appointment. But such action was hekl to be 
invalid and of no effect. — States. Harrison, 67 Ind. 71. Yet had the Trustees 
adjourned from day to day, an appointment at such adjourned meeting would 
probably "have been valid; and possibly after adjournment sine die, a mandamus 
might have issued to compel a reassembling to perform the omitted duty. — Sacket 
V. State, 74 Ind. 486. 

4. Mode of Election. The Auditor has a right to act as the clerk of the 
Board of Election, keep a-record of the same, and give the casting vote in case of 
a tie. The Trustees have the right of controlling the manner of the election. 



SCHOOL LAAV OF INDIANA. 85 

The Auditor's declaring a person elected does not amount to anything: he has no 
riglit to make such declaration. It is the duty of the Board of Trustees to do tliat, 
and until they finally settle the matter a member has a right to vote. The apjioiiit- 
ment has very few elements of a popular election about it. The law simply pro- 
vides that the Township Trustees shall appoint, and says nothing about the 
manner in which the appointment shall be made. Any mode that they may 
adopt by which they can arrive at the expression of the wish of the majorat}^ is 
sufficient to designate tlie person to be appointed, and there is nothing binding 
until there is a final determination of the subject by the Trustees. — State v. Kil- 
roy, 86 Ind. 118. 

5. Who Eligible. To be eligible to the county superintendencv a person 
must be a bona fide resident and elector of the county. — E. S. 1881, §154- R. S. 
1804, ?154; R. S. 1897, §154. 

fie must have been an inhabitant of the county during one year preceding 
his appointnient, but it is not essential that he should have been a citizen or 
elector for so lf>ng a time. — State v. Kilroy, 86 Ind. 118. 

6. DisPiTTED ELECTION. The qualifying of the appointee consists in the 
execution and acceiatance of the required bond, and taking and subscribing the 
oath of office. A person who has received the certificate of appointment and 
taken the above action is County Superintendent, at least defcwto. If the validity 
of tlie appointment is disputed, the right to the office may be tested by a writ of 
quo tnarranfo against one of the claimants. 

7. Appeal on dismissal — Superintendent can not serve while appeal 
IS PENDING. An appeal lies to the Circuit Court from a decision of County Com- 
missioners dismissing a Superintendent from office. While such appeal is pend- 
ing, the person dismissed can not act as Superintendent, but a successor mav be 
appointed, and will hold for the unexpired term, unless the person dismissed is 
reinstated by the Court. See Walls v. Palmer, 64 Ind. 493, and State v. Chase, 
41 Ind. 356 ; J., M. & I. Ry. v. McQueen, 49 Ind. 64. 

8. Office. The County Commissioners are not required to furnish the 
County Superintendent with an office, nor are they liable to him for the use of 
bis own office as such Superintendent. — Board v. Axtell, 96 Ind. 384. 

9. Length of term. A County Superintendent, properly elected and 
qualified, holds his office until his successor is elected and qualified. — State r. 
Sntton, 99 Ind. .300. 

10. Record of election. The Record of a Superintendent's election, made 
by the County Auditor, is priirui facie correct, and is prima facie evidence of such 
election. — State v. Sutton, 99 Ind. 300. 

11. Election by ballot. When the Township Trustees agree that tlie 
election of a Superintendent shall be by secret ballot, the election v.'ill be deter- 
mined by the ballots actually cast, and in a suit regarding the validity of such an 
election the ballots are the best evidence, but when they have been lost, it is 
proper for the jury or Court to consider the testimony of Trustees who cast the 
ballots, and of those who counted them and announced the result. — State v. Sut- 
ton, 99 Ind. 300. 

12. Acquiescence in election. Wiiere the Trustees agreed that the elec- 
tion should be by ballot, adhered to that mode tliroughout, and at the time tlie 
result was announced supposed the result was correctly announced, it was decided 
by the Court that an adjournment without an objection was not an acquiescence 



86 SCHOOL LAAV OF INDIANA, 

in the result, and that such action did not amount to an acquiescence in the 
result. State v. Sutton, 99 Ind. 300. Without, however, regard to whether the 
votes of a majority of all the School Trustees are necessary to the valid appoint- 
ment of a County Superintendent, where such Trustees recognize the appointment 
as valid, and the appointee qualifies and enters upon the duties of the office with 
the acquiescence of all others, he may compel his pi'edecessor to deliver the rec- 
ords of the office to him. — Mcuee v. State, 103 Ind. 444. 

13. Mandamus. Mandamus is the proper remedy to comjjel a Superintend- 
ent to turn over the records and furniture of the office to his successor. — McGee 
V. State, 103 Ind. 444. 

14. Resignation. Where, without notice of the withdrawal of a resignation 
previously made, the time arrives for it to take effect, and a successor to the in- 
cumbent is duly appointed, no foi-mal acceptance of such resignation is necessary 
to deprive such incumbent of title to the office. McGee v. State, 103 Ind. 444. 

15. Regularity of appointment. One can not contest the regularity of 
the appointment of a successor, who has become invested with an apparent title, 
by refusing to surrender the records of the office. — McGee v. State, 103 Ind. 444. 

16. Voting for himself. A Township Trustee can not vote for himself, 
and if he does his vote is void. A failure of the Trustees voting for other candi- 
dates to make further objections after the presiding officer has announced the re- 
sult of the election, can not be taken to be either an implied or informal vote in 
favor of the officer who voted for himself. — Hornung v. State, 116 Ind. 458. 

17. Trustees present and not voting. There were eight Trustees, all 
there were in the county, present. Four voted for A, and the other four declined 
to vote. The chairman announced that the vote was a tie, and the Auditor then 
voted for A, and the chairman declared him elected ; A qualified and demanded 
the office. It was decided that he was duly elected ; that there was a quorum 
present ; that he received the votes of all those present and voting, which was a 
majority of the number necessary to constitute a quorum, and that he received the 
necessary number without the vote of the Auditor, who would only be entitled to 
vote in case of a tie. — State v. Dillon, 125 Ind. 65. 

18. Auditor voting. Township Trustees met at the time required by stat- 
ute, several ineffectual votes were taken, and on the last ballot one-half of the 
Trustees voted for E, and the others voted blanks. A resolution was then off^iered 
declaring that E be appointed. The vote on this resolution was evenly divided 
for and against it. The Auditor then gave a casting vote for the resolution and 
a certificate of election was issued to E. It was held that the election of E was 
void.— State v. Edwards, 114 Ind. 581. This case, however, has been modified by 
the decision in the case cited in note 17. 

19. Filing bond. Mere failure to file the bond within the time required by 
law does not render the office vacant. — Board v. Johnson, 124 Ind. 145. 

The Auditor can not refuse to approve the bond on the ground that the Super- 
intendent was corruptly elected. — State v. Board, 124 Ind. 554. 

20. When may be removed. A County Superintendent may be removed 
at a special term of the Board of County Commissioners. — Hufford v. Conover, 139 
Ind. 151. 



SCHOOL LAW OF INDIANA. 87 

[1893, p. 142. Approved and in force May 18, 1893.] 

74. Shall Examine Teachers. 34. Said County Supeiin- 
teiuleiit sluill examine all applicants for license as teachers for 
the common schools of the State by a series of written or printed 
rpiestions, requiring answers in writing, and in addition to the 
said questions and answers in writing, questions may he asked 
and answered orally, and if, from the ratio of correct answers 
and other evidences disclosed by the examination, the applicant 
is found to possess a knowledge which is suiRcient, in the esti- 
mation of the County Suj^erintendent, to enable said applicant 
successfully to teach, in the common schools of the State, or- 
thography, reading, writing, arithmetic, geography, English 
grammar, physiology and the history of the United States, and 
to govern such school, said County Superintendent shall license 
said applicant for the term of six months, twelve months, 
twenty -four months, or thirty-six months, according to the ratio 
of correct answers and other evidences of qualifications given 
upon said examination, the standard of which shall be fixed by 
the County Superintendent ; and in examining persons for posi- 
tions to teach in graded schools in cities and towns, the County 
Superintendent may take into consideration the special fitness 
of such applicants to perform the services required of them, 
and shall make, on the licenses issued to such applicants, a state- 
ment of the kind of work for which they are especially quali- 
fied ; and all applicants, before being licensed, shall produce to 
the County Superintendent the proper Trustee's certificate or 
other satisfactory evidence of a good moral character : Provided, 
That a six months' license shall be regarded as a trial license, 
and that no person Avho hereafter receives a six months' license 
i)i any county shall be again thereafter licensed in said county 
unless he obtains a grade which shall entitle him to receive at 
least a twelve months' license : And j^rovided, That any person 
now possessing a thirty-six months' license, whose next con- 
secutive license shall be for a term of thirty-six months, or any 
person who shall hereafter receive two licenses in succession 
each for thirty-six months, may receive at the expiration of 
such several licenses, a license for the term of eight years upon 
such an examination held by the County Superintendent as may 
be prescribed by the State Board of Education, and such license 



88 • SCHOOL LAW OP INDIANA. 

sliiiU issue onl_y \ipoii tlic approval of tlio State Board of Edu- 
cation, and sliall be styled a professional license, and shall 
entitle the holder to teach in any of the schools of this State : 
Provided., That any person who has taught for six consecutive 
years in the connnon schools of tins State, and now holds a 
three years' license to teach therein, or who, having previously 
taught for six consecutive years in said common schools, and 
shall hereafter ol)tain a three years' license to teach therein, or 
who has heretofore heen exempted under this act, shall be for- 
ever afterward exem})t froui examination so long as he or slie 
shall teach in the comnn^n schools of the county in which said 
three years' license was obtained; but if such person shall, at 
any time after said exemption accrues, suiter a. period of one 
year to pass without having taught one full school year in the 
connnon schools oX the county within said i)ci'iod, then said 
exemption shall cease at the option of the County Superin- 
tendent; and if such person shall, during such exemi)tion, seel<^ 
t'm[)l()yment to teach other or higher branches in the common 
schools of this State than those branches whicli were included 
in the examination upon which said three years' license was 
issued, then he or she shall be examined in such additional 
branches: /Vor/^Av/, That said County Superintendent be 
authorized to issue an exempticm license n])on proper atHdavit 
or aiHrmation of said appTu-ant, and that said exeu'iption license 
b(> subject to the same legal limitations as other licenses issued 
by said C(uinty Superintendent. (K. S. 1894, § 5901 ; R. S. 1S!)7 ; 
i^'dllT.) 

1. 1'rofk^sional Lu'ensks. It is ordered l\v the State lUiard of Edueatidu 
tlmt persons Avho have received two eounty licenses of the first grade may be ad- 
luitted to an examination for an ei'ght years' professional license, wliich shall 
comprise the snbjecta of elementary algebra, elements of [)liysics, elements of bot- 
any, .grammar, civil government, American literature, and the science of teaching. 
Such examination shall be conducted by the County Superintendents in the sev- 
eral counties, upon questions prepared by the State Board; the manuscripts shall 
be sent to the Board for gradation, and the certificates granted shall take effect 
upon the expiration of the thirty-six months' licensees held by the persons receiv- 
ing them. An examination for eight years' licenses is held in March, annually. 

2. Appeal. If an ap})licant for a license is not satisfied with the grading of 
his County Superintendent he may appeal to the Superintendent of Public In- 
struction; and if, on the other hand, any patron of a school thinks that a teacher 
thereof has been too liberally graded, the same right of appeal exists in sucli 
patron as in the applicant for a license. 



SCHOOL LAAV OF INDIANA. . 89 

.3. ' Incompetent^Teachek. A County Superintendent may refuse to license 
a teacher whom he knows to be incompetent to teach. There are two ways that 
such knowledge may come to him : 1st. From personal visitation and inspection 
of his school work. 2d. From statements made by those in a position to inspect 
such work. 

4. Exemption License. The law expressly says that a teacher must teach 
without interruption after a license is issued to him under tlie exemption clause 
of tliis section. The inference is that the six years' teaching done should have 
been done in the six years last past — that is, without any interruption — to entitle 
an applicant to the exemption. The County Superintendent may require sucli 
evidence of his teaching in other counties as will satisfy him that the teacher has 
done tlie necessary work, and that he has shown a degree of success sufficient to 
justify the Superintendent in. granting the renewal. It is, therefore, decided by 
the Superintendent of Public Instruction that the teaching must have been done 
in the six years last passed, but that the teaching in other counties may be cred- 
ited if the County Superintendent is fully satisfied that the teaching in other coun- 
ties has been successful. 

5. Powers of Superintendent Not Judicial— Liability. The County 
Superintendent belongs to the executive department of the government ; he acts 
in neither a judicial nor ^Mfwi-judicial capacity in licensing persons to teach, and 
he has a discretion on the subject of licensing teachers, which is so far analogous 
to judicial discretion that he is protected from any claim for damages on account 
of any mistake in his decisions, or error in judgment, either in granting or with- 
hohling a license. Yet he is liable in damages for maliciously withholding a 
license to teach from an applicant lawfully entitled to receive the same, and he 
will be held to have acted maliciously where he acts either from willful and wicked 
or from corrupt motives. — Elmore v. Overton, 104 Ind. 548. 

0. License and certificate. There is no legal distinction between the 
granting of a license to teach and the act of issuing a certificate of that fact. 
Tlie terms are convei'tible, and the "licensing" implies the issuing to an appli- 
cant of a written permission to teach in the public schools. — Elmore v. Overton, 
104 Ind. 548. 

7. Principals and high school teachers in town and city schools. 
The spirit of the law is fully complied with when high school teachers pass exam- 
ination in such branches and only such as they are required to teach. If an 
applicant is to teach say Latin, Geometry, General History and Physics, there 
is no good reason for recjuiring him to pass on the "eight common school branches." 
It is doubtful whether a teacher can legally draw money from the tuition revenue 
for teaching the high school branches on a common school license. The intention 
of the law clearly is that a teacher's fitness to teach should be tested on what he 
is required to teach, not on what he is not required to teach. Generally an 
examination in the enumerated branches is sufficient, but when a school district 
has decided by legal school meeting, under section . . . . , that they desire other or 
higher branches taught in their school, then the Superintendent must examine 
the applicant on the additional branches required by the school meeting. But in 
case a School Board I'equires a special teacher in a graded school, such teacher 
should be examined only on what he is required to teach. 

8. Discretion. Reasonable discretion of the County Superintendent can not 
be controlled by the courts. 



90 



SCHOOL LAW OF INDIANA. 



9. Mandamus. Mandamus will not lie to compel the issuance of a teacher's 
certificate by the County Superintendent; the Superintendent being vested with a 
discretionary power, the court may compel him to act upon an application, but 
can not control his discretion. The mode of procedure in such a case is an appeal 
to the Sui)erintendent of Public Instruction, and if after hearing the case he orders 
the County Superintendent to issue a certificate, mandamus would lie to comjjcl 
him to do so. 

10. Ministerial duty. Mandamus is tlie proper action to compel an officer 
to perform any ministerial duty, but mandamus will not lie to compel the 
performance of any discretionary duty. 

[ 1865, p. 3. Approved and in force March 6, 1865.] 

75. May revoke licenses. 36. The County Superintendent 
shall have power to revoke licenses granted by him or his pred- 
ecessors, for incompetency, immorality, cruelty, or general 
neglect of the business of the school ; and the revocation of 
the license of any teacher shall terminate his employment in 
the school which such teacher may have been employed to 
teach. (E. S. 1881, §4426; 11. S. 1894, §5902; E. S. 1897, 
§6119.) 

1. Eevocation of License. In the revocation of a license, tlie Superin- 
tendent may act upon his own knowledge, or he may proceed upon petition of 
the patrons. In the former case he should make out and record charges and 
specifications, based on his own knowledge, and furnish the teacher a copy thereof, 
citing him to appear at a certain time and answer with such evidence and expla- 
nations as he may be able to give. The answer and evidence should be made a 
matter of record, together with the finding of the Superintendent. In case a peti- 
tion for the revocation of a license is received from patrons, the Superintendent 
may dismiss it if the complaints are of a frivolous character. A mere petition 
is not enough. Definite charges and specifications should be filed with it. When 
such charges are received, the Superintendent should fix an early day for the 
trial, notify the teacher of the pendency of charges and furnish him a copy there- 
of, and notify all parties interested of the time and place at which the trial will 
be held. An accurate record of all the proceedings should be made and all papers filed 
for use in case of an appeal to the Superintendent of Public Instruction. When- 
ever a license has been revoked, the Superintendent should make a record of the 
fact, and immediately notify all the Trustees of the county. A license haviu"- 
once been granted, the teacher acquires a proprietary interest in it. It is in one 
sense property. No teacher should be deprived of his license without an oppor- 
tunity to answer charges that may be brought against him, whether by the County 
Superintendent or others. The license of a teacher guilty of forgery may be re- 
voked; he must, however, be actually guilty of the crime, and while an indict- 
ment against him is strong evidence of his guilt, it is far from conclusive; for on 
the trial he may be acquitted. The fact that he dismissed school to attend his 
trial, does not authorize his dismissal. The fact that many citizens of the vicinity 
of the school believe he is guilty does not authorize the revocation of his license 



SCHOOL LAW OF INDIANA. 91 

nor his dismissal. The fact that his teaching tends to lower the moral standard 
of tlie sciiools of the county, and hinder the County Superintendent in his efforts 
to uphold it, does not authorize his dismissal. A license can only be revoked for 
the causes enumerated in the above section. If a majority of those entitled to 
vote at a school meeting petition the Trustee to dismiss him, the Township Trus- 
tee may do so, after due notice and good cause shown. A County Superintendent 
is not liable for revoking a license unless he acted maliciously. 

2. Practice. When charges of incompetency are made against a teacher, 
those making the charges should be required to prove them by the oaths of such 
witnesses as have a knowledge of the facts. If the teacher fail in the government 
of his school, or ability to teach falls short of the projjer standard, the Superin- 
tendent is justified in revoking the licence, if these facts are proved. The exam- 
ination of the teacher in technical school work has been settled by the issuing of 
a license to him. The charges of incompetency should cover that part of the 
teacher's work along the line of the practical or administrative side of his work. 
Observations of the County Superintendent gleaned during his visits is proper 
evidence to be considered in passing judgment upon the case. 

3. Immorality. "An act is considered as immoral which is inconsistent 
with rectitude, contrary to conscience, wicked, unjust, dishonest or vicious." 

[1873, p. 75. Approved and in force March 8, 1873.] 

76. Examinations — License. 37. The Conntj Superin- 
tendent sliall hold at least one public examination in each 
month in the year in his count}^ ; and in no case sliall he grant 
a license upon a private examination ; and all licenses granted 
hy him shall he limited to the county in which they are 
granted. (R. S. 1881, § 4427 ; E. S. 1894, § 5903 ; R. S. 1897, 
§ 6120.) 

1. When held. Examinations are now held on the last Saturday of every 
month. 

[1865, p. 3. Approved and in force March 6, 1865.] 

77. Record-book — Report to State Superintendent. 38. 

The County Superintendent shall provide a blank-book at the 
expense of the county, in which he shall keep minutes of his 
proceedings, and shall deliver said record, and all other books, 
papers and property appertaining to his office, to bis successor, 
and take a receipt therefor. Said. Superintendent shall, in the 
last week of May, annually, report to the Superintendent of 
Public Instruction, the names of the persons to whom he has 
granted license since the last report, for his county ; distinguish- 
ing between those licensed for six, twelve, eighteen, and twenty- 
four months; giving the number of males, and the number 
of females, and total number licensed; and the number, but 



!I2 SCIUtOl, LAW OK INDIANA. 

not Mu' iiaiuos, ol' a[)pru'aiils lor Ikhmisc wlio lia\c been ix'jected; 
and tho nunil)or oi" ru'iMiscs ivvokod. (U. iS. 1881, §4428; R. S. 
181)4, § 5904; Ji. S. 18!)7, § ()121.) 

1. 1'akol jmidokOk coN'rioNTS 01-' KEOORD. Tlie presumption is lliat ;i 
Citimly Sii|)orintoiuloiit koops a record of Ins ])rooeo(liii,i;s, wliieli is tlic best evi- 
(K'lur (il Ills ;u'ts in eitlier granting or refusing a license; and in an aetion against 
hiui for nialii'iously willdiolding a. lieense, oral j)rouf of his admission that he 
had grautinl a license to tiie applii-ant is inadmissible unless it is averred in the 
eomplaint and tirst shown that lie kept no such record as reipiired by the statute, 
or tluit such record is incorrect. — IClmore r. Overton, 104 Ind. 518. 

2. Ivi'X'OHDiNO i)KCisu)N. The decision of the Sujierintendent is binding, on 
appeal, on the 'J'rnstee from the time it is given, thougii not entered in the Super- 
intendent's reciird until afterwards.— Knight r. Woods, I'J!) Ind. 101. 

I1STI5, p. 75. Apprvood and in t'ovoc March 8, 1SV3.] 

78. General duties. o[\ The County ^Slll)ol■intendont■ isliall 
lia\o tlic ii,H'nri'al snporintendonco of tho schools of his (.Hxmtv. 
lie shall attend eaeh Townshii) Institute at least onee in I'aeli 
veai-, Avhen he shall })reside at tho siiine and eonduet its e.xei'- 
eise. lie shall A'isit oaeli sehool of the eonnty at least ouvo 
oju'h year, foi- the pufpose of inefoasino- its usefulness and ele- 
A atiiiu', as faf :»s |)i'aetie:d)lo, tho poorer scliools to tho standard 
of the best, lie shall encourage Toaeliors' Institutes and Asso- 
ciations, and shall labor, in every practicable way, to elevate 
tlie standard oi' teachino\ and to improve the condition of the 
schools of the county. In all controversies of a general nature 
arising niuler the school law, the opinion of the Oounty Super- 
iuteiuleiit shall tirst be sought, whence an ai^peal may be taken 
to the (State 8u})erintendcMit, on a written statement of fai'ts, 
certitied to by the Oounty Superintendent: J^ron'drd, That 
nothiitg in this act shall bo so construed as to change or abridge 
the jurisdiction of any Court in cases arising under the st'luM)l 
laws of the State; and the right of any person to bring suit in 
any Court, in any case arising under the scliool laws, shall not 
be abridged by tho provisions of this act. lie sluiU, at till 
times, carry out tho orders and instructions of tho State Uoard 
o\' Education and the Superintendent of Public Instruction, 
aiul shall ctmstitnte the nuMlium between the State Superin- 
tendent and subordimite school ofticers and the schools : Pro- 
n'(/t(L Thixt city schools having a Suiterinteudent employed by 
their board may, at the retpicst oi' said board, be exempt from 



SCHOOL LAW OF INDIANA. 93 

tlie general superintendence authorized in this section. (R. 8. 
1881, § 4429 ; li. S. 1894, § 5905 ; 11. S. 1897, § G122.) 

1. Care and oversioiit. The Superintendent lias the care and oversight 
of tlie schools of his county, with authority to direct in their organization and 
management. 

2. Visitation. To make his visitations of much value, the Superintendent 
ought to visit each school at least twice a year. This can be done under the law 
by giving each school a half day at a visit. It is safe to say it was the intention 
of the Legislature that the Superintendent sliould be allowed at least as many 
days for visiting the schools as he has different teachers to visit. The Commis- 
sioners should not in any case restrict him to a less number of days than this, and 
if he is a prudent man it would be safe to let him visit at his own discretion. 
The restriction can be placed upon him at any time if it be shown that he abuses 
his privilege. 

3. Exemption of cities. This privilege is not extended to incorporated 
towns. The request should be addressed to the County Superintendent, and 
should be entered in the records of the City School Board. From the date of the 
request and so long as a City Superintendent is employed the County Superin- 
tendent has no authority over the city schools, but such authority will revive if 
the City Board fails to employ a Superintendent. 

4. Power as to course of study and rules. The management and con- 
trol of the schools is conferred by law upon the Trustees, and this power involves 
the right to prescribe a course of study and make rules and regulations. But tiie 
Trustees also appoint a County Superintendent, who, in a large department of 
school government, is the representative and agent of the Trustees, and to him 
their powers are delegated so far as is necessary to successful administration. If 
neither the County Board of Education nor the Trustees individually have taken 
the necessary action, the Superintendent may arrange a course of study and 
direct its enforcement in the schools, and may make reasonable rules and regu- 
lations, and the refusal of a teacher to obey tlie Superintendent in these particu- 
lars, would be such "neglect of the business of the school" as wouhl warrant a 
revocation of his license, or would indicate such incompetence "to successfully 
teach " as would warrant a refusal to grant him another license. 

[1873, p. 68. Approved and in force March 8, 1873.] 

79. When must enumerate. 40, Wlieu any Trustee shall 
neglect to tile with the County Superintendent an enumeration 
of the children of the township, town or city, as required hy 
section 118, the County Superintendent shall, immediately 
after the tirst day of May in each year, employ a competent 
l»erson to take the same, and allow a reasonable compensation 
for such services, payable from the special school revenue of 
the township; and shall proceed to recover the same in the 
name of the State of Indiana, for the use of said revenue of 
said township, by action against the said Trustee in his individ- 
ual capacity ; and in such suit the County Superintendent shall 



94 SCHOOL LAW OF INDIANA. 

be a competent witness. (R. S. 1881, §4430 ; R. S. 1894, §5906 ; 
R.S. 1897, §6123.) 

[1895, p. 127. Approved March 5, 1893. In force June 28, 1895,] 

80. Annual Reports. 41. The County Superintendent 
shall, on or before the fifteenth day of May, annually make out 
and forward to the State Superintendent the enumeration of 
tlieir respective counties, with the same particular discrimina- 
tion required of the Trustees. When, however, the State Super- 
intendent of Public Instruction, upon examination of the 
enumeration returns of any county, or of any township, town 
or city of such county, finds any evidence that the enumeration 
is excessive in numbers, or otherwise incorrect, he may require 
the County Superintendent to cause the enumeration of such 
county, township, town or city to be retaken and returned 
according to the provision of this act, and the school revenue 
to be distributed to said county upon such corrected enumera- 
tion. If, however, the corrected enumeration is received by the 
State Superintendent of Public Instruction too late for the 
semi-annual apportionment, the State Superintendent of Public 
Instruction shall make the apportionment on the last accepted 
enumeration. They shall, on or before the fifteenth day of 
October, annually furnish the statistical information which 
Trustees are required to report to them in such form as may be 
prescribed by the Superintendent of Public Instruction. They 
shall also furnish with such statistical report such additional 
information, embodied in a written report, relative to the con- 
dition of the schools, school houses, and the general progress 
of education, etc., in the county, as the State Superintendent 
may from time to time call for. On failure of any County 
Superintendent to make his report of enumeration by the fif- 
teenth day of May, his county shall be subject to a diminution 
of twenty-five dollars ($25) in the next apportionment of school 
revenue by the State Superintendent, and on failure to make 
his statistical and other reports by the fifteenth day of October, 
his county shall be subject to a diminution of ten dollars (|10) 
in the next apportionment likewise. The sum thus withheld 
maybe collected from said County Superintendent, on his bond, 
in a suit before a Justice of the Peace, prosecuted in the name 



SCHOOL LAW OF INDIANA. 95 

of tlie State, by any person living in said county, who has chil- 
dren enumerated for school purposes for the current year, Avho 
is aggrieved by said diminution. Said suit may be commenced 
within two years from the time when said report is due, and 
not afterward: Provided, That said County Superintendent 
may discharge himself from liability to such suit by a certifi- 
cate of the postmaster that said report was mailed in due time, 
together with his own affidavit of that fact. (R. S. 1897, § 6124.) 

1. Private Institutions. County Superintendents are expected to furnish 
statistical and other reports relative to private schools, high schools, colleges and 
other private institutions of learning within their respective counties, so as to 
enable the Superintendent of Public Instruction to present a view of all the edu- 
cational facilities of the State. 

2. See section 17. 

[1865, p. 3. Approved and in force March 6, 1865.] 

81. Apportionment — Report. 42. The County Superin- 
tendent shall make out, from the lists of enumeration and the 
reports of transfers, the basis of the apportionment of school 
revenue to the several townships, towns a,nd cities of their re- 
spective counties, and parts of congressional townships of ad- 
joining counties whose congressional township fund is managed 
in their counties, and report the same to the proper County 
Auditors by the first day of June, annu-ally, so as to enable 
County Auditors to accurately apportion the school revenue for 
tuition. (R. S. 1881, §4432; 11. S. 1894, §5908; R. S. 1897, 
§ 6125.) 

1. Congressional Townships. The basis of apportionment should show, 
by number and range, the congressional townships, or parts of congressional 
townships, which form each civil township, the number of children enumerated 
in each of such parts; also the whole number of children enumerated in each 
civil township. "With the basis of apportionment he should file with the Auditor 
a separate statement showing what congressional townships whose funds are man- 
aged in his county are divided by the county line; also, the number of children 
enumerated in each part of such townships. 

[1873, p. 75. Approved and in force March 8, 1873.] 

82. Compensation. 43. The County Superintendent shall 
receive four dollars for every day actually employed in the dis- 
charge of the duties required by this act. But before the County 
Commissioners shall allow his per diem, the same shall be pre- 
sented in a bill of account stating, in separate items, the nature 



96 SCHOOL LAW OF INDIANA. 

and amount of service rendered on each day for whicli lie claims 
compensation ; which bill of account shall be verified by affidavit 
to the effect that the same and each item thereof is just and 
true. The County Auditor shall draw his warrant on the County 
Treasurer for the amount allowed by the Board in favor of said 
Superintendent, and the Treasurer shall pay the said warrant 
out of the ordinary county revenues: Pro rifled, hoincver, That 
the said Board of Commissioners shall have power to determine 
the number of days in each year in which the County Superin- 
tendent may labor in the performance of the cluties required .of 
him in visiting schools : Provided, farther, The number of days 
so allowed in each year for visiting schools shall not be less than 
the whole number of schools in such county over which such 
Superintendent has control; and he shall receive no perquisites 
whatever. (R. S.1881, § 4433; R. S. 1894, § 5909; II. S. 1897, 
§ 6126.) 

1. Office Fuknished. The County Commissioners are not required to 
furnish the County Superintendent an office. Even if they were required to fur- 
nish him an office, tliey would not, in the absence of a contract, be liable to him 
for the use of an office of liis own for the purposes of the County Superintendent. — 
Board v. Axtell, 96 Ind. 384. 

It is undoubtedly proper, and not at all in conflict with the above decision of 
the court, that the Commissioners should allow the County Superintendent t!ie 
use of a room in the Court House, whenever possible. The newer Court Houses 
invariably provide accommodations for the County Superintendent. 

2. Power to Provide the Superintendent with an Office. Technically, 
County Commissioners could not be compelled to do any discretionary act. As 
guardians of the public welfare they ought, however, to provide properly for nil 
pul)lic necessities. The County Superintendent's office is a public necessity, and 
ought to be provided for by the Commissioners. That they are clearly and amply 
authorized to do so will appear from the following : 

The Supreme Court in Board v. Axtell, 96 Ind. 384, said: "The County Com- 
missioners are not required to furnish the County vSuperintendent an office." Tlie 
Commissioners are not required by statute to furnish the Sheriff an office (11. S. 
1881, g 5748; R. S. 1894, ? 7833) or a residence. Yet every county in the State 
does furnish the Sheriff an office, and all the counties in the State except tliree 
furnish the Sheriff a residence. This is all proper and legal, yet it is not com- 
manded by statute. It is discretionary with them. 

In discussing their discretionary powers, in The Board of Commissioners of 
Franklin County v. Bunting, 111 Ind. 143, the Supreme Court said: "That it (the 
Board of Commissioners) is invested with very extensive discretionary powers in 
the management of county affairs can not be doubted. The discretion vested 
in it is comprehensive enough to authorize it to build a Sheriff's residence in 
connection with a county jail, for such an act is within the scojie of its authoiity." 



SCHOOL LAW OF INDIANA. 97 

3. Amount of Claim. The Superintendent should file his claim for the full 
amount of his services at $4 per day up to the end of the quarter. — Board v. 
Binford, 70 Ind. 208; Campbell v. Board, 71 Ind. 185. 

4. Reports to Bureau of Statistics. The duty imposed on the County 
Superintendent of Schools (by R. S. 1881, § 5720; R. S. 1894, § 7768; R. S. 1897, 

g ), to make reports to the Bureau of Statistics, is an official duty imposed 

upon the officer, for which he is not entitled to compensation. — Yeager v. Board, 
95 Ind. 427. 

[1875, p. 131. Approved and in force March 9, 1875.] 

83. Duty as to apportionment. 6. Sucli Superintendent 
sliall see that tlie full amount of interest on seliool fund is paid 
and apportioned, and, when there is a deiicit of interest of any 
school fund, or loss of any school fund or revenue by the couiity, 
that proper warrants be issued for the re-imbursement of the 
same ; but no per centum beyond what is provided for herein 
and allowed shall in any case be paid him by said Board of 
Commissioners. (R. S. 1881, §4434; R. S. 1894, §5910; R. S. 
1897, § 6127.) 

[1873, p. 75. Approved and in force March 8, 1873.] 

84. Duty as to school fund. 7. The official dockets, 
records, and books of account of the Clerks of the Courts, 
County Auditor, County Commissioners, Justices of the Peace, 
Prosecuting Attorneys, Mayors of cities, and Township and 
School Trustees, shall be open at all times to the inspection of 
the County Superintendent; and whenever he shall find that 
any of said officers have neglected or refused to collect and pay 
over interest, fines, forfeitures, licenses, or other claims, due the 
school funds and revenues of the State, or have misapplied the 
school funds and revenues of the State, or have misapplied the 
school funds and revenues in their possession, he shall be re- 
quired to institute suit in the name of the State of Indiana for 
the recovery of the same, for the benefit of the school funds or 
revenues and make report of the same to the Board of County 
Commissioners and to the State Superintendent. (R. S. 1881, 
§ 4435 ; R. S. 1894, § 5911 ; R. S. 1897, § 6128.) 

1. Suit against Toavnship Trustee. A County Superintendent may bring 
an action against a defaulting Township Trustee ; but his right to bring such an 
action does not prohibit the successor of such Trustee suing his predecessor. — 
Nichols V. State, 65 Ind. 512. 

2. See Carr v. State, 81 Ind. 342, concerning the power of County Superin- 
tendents to bring suit. 

7 — ScH. Law. 



98 SCHOOL LAAV OF INDIANA, 



CHAPTER VI. 

COUNTY BOA ED OF EDUCATION. 

[1877, p. 122. Approved and in force March 2, 1877.1 

85. County Board of Education. 8. The County Super- 
intendent and the Trustees of the townships, and the Chairman 
of the School Trustees of each town and city of the county shall 
constitute a County Board of Education. Said Board shall 
meet semi-annually at the office of the Couuty Superintendent 
on the first days of May and September (unless the said days be 
Sunday, and if so, on the day following), a majority of whom 
shall constitute a quorum. The County Superintendent shall 
preside at the meetings of the Board, shall be allowed to vote 
on all questions as other members of the same are allowed to 
vote. Said Board shall consider the general wants and needs 
of the schools and school property of which they have charge, 
and all matters relating to the purchase of school furniture, 
books, maps, charts, etc. The change of text-books, except 
cities, and the care and management of township libraries, shall 
be determined by such Board, and each township shall conform 
as nearly as practicable to its action ; but no text-book here- 
after adopted by the County Board shall be changed within six 
years from the date of such adoption, except by unanimous 
vote of all the members of such Board : Provided, That any 
text-book heretofore adopted by the County Board of Educa- 
tion shall not be changed within three years from the date of 
its adoption. (R. S. 1881, §4436; R. S. 1894, §5912; R. S. 
1897, § 6129.) 

1. See State v. Harrison, 67 Ind. 71 ; Sackett v. State, 74 lud. 491. 

2. Quorum, Course of Study, Eules and Eegulations, Records, etc. 
In the absence of the County Superintendent the Board may appoint one of its 
members president p-o tern. No action can be taken by the Board unless a major- 
ity of all the members are present. If such majority be present at any meeting 
the Board may take legal action upon suitable questions by a majority vote of 
those present ; but some questions require a majority vote, and others a unani- 
mous vote, of all the members of the Board. 

The Board may adopt a course of study for the district schools, and rules and 
regulations for the government thereof, but it should not attempt to make rules 
for the schools of towns and cities. 



SCHOOL LAW OF INDiANA. 99 

it is very important that school officers and County Boards should make a 
careful record of their proceedings. If a Board takes any legal action, and fails 
to record it, or makes an incorrect record, the record can be amended by order of 
the Board at a subsequent meeting. A legal act is not necessarily void by reason 
of a failure to make a record of it; but if a question should arise as to the action 
of a Boai-d, evidence may be taken at a subsequent meeting outside the records, 
and a new record may be made in accordance with the fact as ascertained. 

The County Board and Trustees have the right to make such rules and regu- 
lations, according to law, as will tend to promote the general good of the public 
schools, and it is the duty of teachers to carry out such rules in good faith. 

3. Can Not Make Contracts. The County Board of Education has no power 
to make contracts. It is merely a gwasi-corporation with but limited powers, and 
is nowhere authorized to contract, or sue or be sued. As a Board it has no control 
of revenues, nor power to order any expenditure. But all or any number of the 
Trustees may join together in purchasing or contracting for supplies, and such 
action may often be advisable. It is not, however, the action of the Board. 

4. Adoption of High School Books. So far as the above section relates to 
the selection and adoption of text-books in the eight common school branches 
(sec. 74) it was repealed by the text-book laws of 1889, '91 and '93 (sees. 26 to 
72';; but text-books for high school subjects, in the township graded schools, may 
be adopted by the County Board of Education, and their use enforced by all 
reasonable rules. 

5. Books Used and How Obtained. The Legislature has the authority to 
prescribe the course of study and the system of instruction that shall be pursued 
and adopted, as well as the books which shall be used. — State v. Haworth, 122 
Ind. 462. 

6. The Legislature has the power to require a designated series of books to 
be used in the schools, and to require tliat the books selected shall be obtained by 
the school officers from the person to whom the contract for supplying them may 
be awarded. It may not only prescribe regulations for using the books desig- 
nated, but it may also declare how the books shall be obtained and distributed. 
—State V. Haworth, 122 Ind. 462. 

7. Illegal Kulxngs of County Board as to Licenses. The rule of a 
County Board declaring that "no person under the age of twenty shall be licensed 
to teach in this county " is unauthorized by the statutes, palpably unreasonable 
and unwarranted in law. 

8. Illegal Eulings of County Board as to Holidays. The rule of the 
County Board declaring that "no pay shall be allowed teachers for holidays that 
fall on legal school days " is illegal and void. 

9. Libel. A newspaper publication, charging that a County Superintendent 
of schools, for a consideration in money, had, by the use of his influence, induced 
the County Board of Education to order a change in school books, is a libel in the 
sense of the statute. — Hartford i\ State, 96 Ind. 461. 

10. Legislature May Prescribe Duties of Officers. The power over 
the school system is legislative and exclusive, and the Legislature has authority 
to impose upon all officers whose tenure is legislative, such duties respecting 
school affairs as it deems proper. All such officers take their offices cum onere, 
and must do what the Legislature demands, or else resign. — State v. Haworth, 122 
Ind. 462. 



100 SCHOOL LAW OF INDIANA. 

11. The County Board may adopt a course of study and compel every pupil 
to take the entire course in the order prescribed on penalty of expulsion. 

Our State Constitution, article 8, section 182, directs the General Assembly 
"to provide, by law, for a general and uniform system for common schools, 
wherein tuition shall be without charge, and equally open to all." As a result of 
this the General Assembly enacted sections 11 and 85, which provide for the 
proper administration of this "system of common schools." To hold that the 
General Assembly charged the officers provided for in the above cited sections 
with the administration of the school system, without at the same time investing 
them with the necessary executive power to enforce their administration would be 
absurd. Such interpetration of these statutes would be the worst kind of travesty. 
It would be to render the whole common school machinery not only useless but 
ridiculous. 

The officers in the befoi'e mentioned sections have the undoubted legal author- 
ity to adopt a course of study and to make all reasonable rules and regulations 
for the proper carrying out of the same. The teachers, of course, would have to 
carry out such rules as are directed by the Trustee or School Board. But to 
what extent the officers would be warranted in going to carry out their reasonable 
rules is the question. Our Supreme Court in State v. Webber, 108 Ind. ,31, 
said: 

"A rule, prescribed by the Superintendent of the free graded schools of a city, 
with the sanction of the Trustees, that the pupils in the high school department 
shall, at stated intervals, employ a certain period of time in the study and prac- 
tice of music, for which purpose they shall provide themselves with a prescribed 
book, is an exercise of discretionary power conferred by law, and unless the regu- 
lation is shown to be unreasonable, or a satisfactory excuse for failing to comply 
therewith is given, mandamus will not lie to compel the school authorities to re- 
admit a pupil who has been suspended for disobedience thereof." 

There might be some cases in which it would be reasonable and just to excuse 
a pupil from taking the full course, or in the order prescribed, but they are ex- 
ceptions. 

It seems it would be best to educate the people to see that it is advantageous 
to their children to take all the studies, and in the order prescribed, rather than 
to resort to the law to compel people to do that which is obviously to their own 
interest. A parent stands in his own light when he objects to having his child 
carried through the course of study in the sequential order of the studies. 



SCHOOL LAW OF INDIANA. 



101 



CHAPTER VII. 



ADMINISTEATION. 



Sec. 

86. School township. 

87. Towns and cities. 

88. School Trustees in cities and towns. 

89. Town refusing to elect School Trustees- 

Township Trustee controls. 

90. Trustees' bonds — Vacancy. 

91. Trustees manage revenues — Reports. 

92. Record — Duty as to revenue. 

93. Annual statement. 

94. General duties. 

95. Superintendent in cities and towns. 

96. Joint grade schools. 

97. Kindergartens. 



Sec. 

98. Night schools. 

99. Age of pupil. 

100. Surplus special school revenue. 

101. Things legalized, 

102. Teachers' report. 

103. Trustees' reports. 

104. Failure to report. 
Neglecting duties. 
Failing to serve. 
Trustees' accounts. 

Examination of Trustee and his books. 
Correction of accounts — Removal. 



105. 
106. 
107. 
108. 
109. 



[1859, p. 181. Approved March 3, 1859, and in force August 6, 1859.] 

86. School township. 1. Eacli and every township that 
now is, 01' may hereafter be, organized in any county in this 
State, is hereby also declared to be a school township, and, as 
such, to be a bod}^ politic and corporate, by the name and style 

of" school township of county," according to the 

name of the township and of the county in which the same may 
be organized ; and, by such name, may contract and may be 
contracted with, sue and be sued, in any court having competent 
jurisdiction. (R. S. 1881, § 4437 ; R. S. 1894, § 5913 ; R. S. 1897, 
§ 6130.) 

1. Corporations Distinct. "There are two corporations in Greene County 
[conterminous in territory], with almost the same name. "■•■' * * The first is 
denominated a civil township, the second a school township. * * ••• It must 
be contemplated that the funds, etc., of these two corporations shall be kept sep- 
arate. It is as an officer of the school township, and not as an ofiicer of the civil 
township, that the Trustee has authority and power to levy a tax for the erection 
of school houses, and to expend the same for that purpoee. We think it must 
follow that it is as Trustee of the school township, and not as Trustee of the civil 
township, that the Trustee must contract for the building of school houses. We 
do not think the Trustees of the civil township can legally contract for the build- 
ing of a school house and make the civil township liable therefor." — Carmichael 
V. Lawrence, 47 Ind. 554; Utica Township i). Miller, 62 Ind. 230; Harrison School 
Township v. McGregor, 96 Ind. 185; Johnson v. Smith, 64 Ind. 275; Inglis v. 
State, 61 Ind. 212; Wright i'. Stockman, 59 Ind. 65; Wingate i). Harrison School 
Township, 59 Ind. 520. A civil township has no power to make a contract for the 



102 SCUIOOL LAW OF INDIANA. 

benefit of scliool proi)erty. — Jackson Townships. Barnes, 55 Ind. 136; Jackson 
Township ('. Home Insurance Company, 54 Ind. 184; McLaughlin v. Shelby Town- 
ship, 52 Ind. 114; Mcllwaine v. Adams, 46 Ind. 580; Hornby v. State, 69 Ind. 102. 

2. Intkntions Considered. But a note, showing on its face that it was 
given in payment for articles furnished for the use of schools, though executed 
by a Trustee apparently in the name of the civil township, binds the school 
township. — Moral School Township v. Harrison, 74 Ind. 93; Johnson School 
Township v. Bank, 81 Ind. 515; Jackson School Township v. Hadley, 59 Ind. 
534; White v. Kellogg, 119 Ind. 320. 

3. Will. A devise by will, for the support of the public schools, can be 
made to a township ; and a devise to a township, without saying whether to the 
school or the civil township is a devise to the school township. — Skinner v. Harri- 
son Township, 116 Ind. 139. 

4. Suit on Official Bond. A Township Trustee may be the relator in a 
suit upon the official bond of his predecessor, to recover moneys due the civil 
township, and also moneys due the school township; and under a proper com- 
plaint there may be a recovery for funds of either or both of the corporations; 
but on a complaint in which he sues only as trustee of the civil township, he can 
not recover money due to the school township. — Steinmetz v. State, 47 Ind. 465. 

5. Civil Township Can Not Build a School House. A civil townshi[> 
has no authority to make a contract for the erection of a school house ; and if it 
sue on a contract for the erection of a school house, the complaint, though it may 
state a good cause of action in favor of the school township, will be bad on de- 
murrer. McLaughlin v. Shelby Township, 52 Ind. 114; Utica Township v. Miller, 
62 Ind. 230. A town organized as a school corporation is the proper plaintiff" in 
an action to i-ecover land previously deeded for school purposes to the school 
township in which it is situated. — Newpoint Lodge v. Town of Newpoint, 138 
Ind. 141. 

(). Pleadings Must Designate the Corporation — Civil or School. AVhere 
an action is brought against a township, and the township name, merely, is given, 
it is conclusively presumed that the action is against the civil township. To make 
a complaint effective against the school corporation, it must, by appropriate aver- 
ments, designate the school township, or its representation. It should be against 
the "school township trustee." — Jarvis v. Robertson, 126 Ind. 281; Braden ■;;. 
Leibenguth, 126 Ind. 336. 

7. vSuit Against School Trustees of Town or City. An action to recover 
from a city or town school board, should be brought, not against such trustees, but 
against the school corporation, by the name and style of "The school city of 
," filling the blank with the name of the city.— Sims v. McClure, 52 Ind. 267. 

8. Suit Against Township and not Against Trustee Personally. A 
summons reading, "You are hereby commanded to summons trustee Cicero school 
township, etc.," sufficiently indicates that the action is against the township, and 
not against the trustee personallj', and the township is bound to take notice of the 
pendency of the action. — Vogel v. Brown Tp., 112 Ind. 299; distinguished in 
Cicero School Tp. v. Chicago National Bank, 127 Ind. 79. 

9. Suit for School Taxes. An action against a civil township for school 
taxes is bad on demurrer. — Wright v. Stockman, 59 Ind. 65. 

10. No Authority to Borrow Money — Liability for Borrowed Money. 
There are restrictive provisions [in the school law] which, fairly construed, must 



SCHOOL LAW OF INDIANA. 103 

be held to deny the authority to negotiate loans. — First National Bank v. Union 
School Tp., 75 Ind. 361. But if a trustee borrows money to build a needed and 
suitable school house, the school township receiving the benefit will be liable 
therefor. — Bicknell v. Widner School Tp., 73 Ind. 501. But in such case it must 
be averred and proved that the school township received the benefit of the 
money. — Reeve School Tp. v. Dodson, 98 Ind. 497; Union School Tp. v. First 
National Bank, 102 Ind. 464 ; Cicero School Tp. v. Chicago National Bank, 75 
Ind. 361, 368; Pine Civil Tp. v. Huber Mfg. Co., 83 Ind. 121. And that there 
was no fraud practiced in the execution of the note. — Boyd v. Mill Creek School 
Tp., 124 Ind. 193. See also Grimsley v. State, 116 Ind. 130; State t). Howes, 112 
Ind. 323; Kittenger v. Monroe School Tp., 3 Ind. App. 411; Messick v. Midland 
Ry. Co., 128 Ind. 81. 

11. Contracts of Trustee — Notice. In dealing with the trustee of a school 
township, all persons are bound to take notice of his official and fiduciary char- 
acter, and to know that he can only bind his township by contracts which are 
shown to be authorized by law. — Bloomington School Tp. v. National, etc., 107 
Ind. 43; Union School Tp. v. First National Bank. 102 Ind. 464; Kittenger -y. 
Monroe School Tp., 3 Ind. App. 411. 

12. School, Supplies — Necessary Averments. A complaint against a 
school township on a contract for school supplies to be good must allege that such 
supplies are necessary and suitable for the use of the public schools of the town- 
ship, and that they have been delivered to and accepted by such township. — 
Bloomington School Tp. v. National, etc., 107 Ind. 43. And that there was no 
collusion to defraud. — Boyd v. Mill Creek School Tp., 124 Ind. 193; Kittenger v. 
Monroe School Tp., 3 Ind. App. 411. Where the suit is for school supplies fur- 
nished, school teachers may testify concerning their usefulness and the necessity 
of their purcliase. — Litten v. Wright School Tp., 1 Ind. App. 92. 

13. Bank Deposit — Promissory Note. When a trustee of a school corpora- 
tion executes prommissory notes in the name of the corporation, deposits the 
money in his own name, and draws it out upon checks signed by himself as an 
individual, he becomes the creditor of the bank for such deposits, and the trans- 
action is one between the bank and its depositor. — Union School Tp. v. First 
National Bank, 102 Ind. 464. 

14. No Liability — When Trustee Has School, Funds In His Hands — 
Note Void. When the trustee has money in his hands derived from the school 
revenues or funds, the lender of money can not be subrogated to the rights of the 
persons holding claims against the school corporation.^ — Union School Tp. v. First 
National Bank, 102 Ind. 464. 

15. Fraudulent Issue of Certificates or Orders. If by a conspiracy 
certificates or orders are issued they are void, and even though the township has 
not rescinded the contract, and retains the benefit thereof, it is not bound upon 
such fraudulent certificate or order, and the assignee is not entitled to recover the 
actual value of goods furnished the township. — Boyd v. Mill Creek School Tp., 
124 Ind. 193. 

16. Orders Without Consideration Void — Estoppel. If a trustee issues 
orders or certificates in the name of his township without consideration, such 
order or certificate is invalid and void, and in such case no act, conduct or promise 
of the trustee or his successors in office will estop the township from pleading the 
want of consideration as sufficient defense to any suit against the township upon 
such order or certificate. — Axt v. Jackson School Tp., 90 Ind. 101. 



104 SCHOOL LAW OP INDIANA. 

17. Statute of Limitation^ — Time of Filing Complaint. An amendment 
to a complaint has reference to the time at which the complaint was filed. Where 
a town was sued as a school corporation, but not specifically described as such, 
the time of filing an amended complaint — if the statute of limitations intervene — 
relates back to the time of filing the original complaint. — Schooltown of 
Monticello v. Grant, 104 Ind. 168. 

18. Judicial Knowledge. The Supreme Court will take judicial knowledge 
that the township trustee is the trustee of the school township. State v. McDonald, 
106 Ind. 233. But it will not take judicial knowledge of the names of the town- 
ships of a county. — Bragg v. Board, 34 Ind. 405. 

19. De Facto Officers. The contract of a de facto township trustee, if 
otherwise valid, is binding upon the township. — School Town of Milford v. Zeigler, 
1 Ind. App. 138. 

87. Towns and cities. 4. Each civil township and each 
incorporated town or city in the several counties of the State is 
hereby declared a distinct municipal corporation for school pur- 
poses, by the name and style of the civil township, town or city 
corporation respectively, and by such name may contract and 
be contracted with, sue and be sued, in any court having com- 
petent jurisdiction; and the Trustee of such township, and the 
Trustees provided for in the next section of this act, shall, for 
their township, town, or city, be School Trustees and perform 
the duties of Clerk and Treasurer for school purposes. (K. S. 
1881, § 4438; R. S. 1894, § 5914; R. S. 1897, § 6131.) 

1. Corporate Names. It has been decided, in very many cases, that the 

name of the school corporation is "the School Town (o?- City) of ," or "School 

Township of County," and that, in this name, it must sue and be sued; that 

instead of a distinct function bestowed on the civil or municipal corporation, an 
independent and distinct corporation, for school purposes only, is created by this 
section ; and that section 86 is still in force. — Carmichael v. Lawrence, 47 Ind. 
554; City of Huntington v. Day, 55 Ind. 7; Jarvis v. Shelby, 62 Ind. 257; Har- 
rison V. McGregor, 67 Ind. 380. 

2. Corporations Independent. Each civil township and each incorporated 
town and city is a distinct school corporation, entitled to receive and expend its 
proper school moneys independent of any control by any other such corporation. 
—Johnson v. Smith, 64 Ind. 275. 

3. Designations in Suits. The character in which an incorporated town 
may sue or be sued as a school corporation may be designated either in the title 
of the action, as a school corporation, or in the complaint, by an allegation of that 
fact.— Town of Noblesville v. McFarland, 57 Ind. 335; but see Steinmetz v. State, 
47 Ind. 465; Robinson v. State, 60 Ind. 26; Inglis v. State, 61 Ind. 212. 

4. Property and Revenues. When a village becomes incorporated the 
school town thus created becomes, as Trustee by statute, the successor of the town- 
ship in the right to the possession and control of school property within its territory. 
School Town of Leesburg v. Plain Township, 86 Ind. 582. And as soon as School 



SCHOOL LAW OF INDIANA. 105 

Trustees are appointed and qualified they have a right to demand and receive of the 
Township Trustee whatever sums of money he has received by reason or on account 
of the school children residing within or transferred to the town, and he can not 
lawfully withhold it on any ground. He received and held it in trust for those 
children. — Johnson v. Smith, 64 Ind. 275. 

5. Corporations Distinct. A civil township and the school township of the 
same territory are distinct corporations, and each must sue and be sued in its own 
proper corporate name, and neither can sue in the name of the other, or in that 
of the Township Trustee. So also a civil town and the school town are distinct 
corporations, which must sue and be sued in its own corporate name. — Wright v. 
Stockton, 59 Ind. 65. 

6. Power of School City. A city organized under the general law for the 
incorporation of cities has no power to buy or give its promissory notes for a county 
seminary, though for school purposes in the city. That power belongs to the 
school corporation of the city. — State v. City of Terre Haute, 87 Ind. 212. 

7. Division of Revenues. Where money has been apportioned to a school 
township and received by the Trustee thereof, some of which belongs to a school 
town afterward organized, and he refuses to pay it over, he may be compelled by 
mandate to do so, and the School Trustees of the town are the proper relators in 
such a suit. — Hon v. State, 89 Ind. 249. 

8. Property of School Corporation. Real estate and buildings held by a 
school corporation for school purposes are subject to appropriation for highways 
as is private property.— Rominger v. Simmons, 88 Ind. 453. 

9. Judicial Notice. The courts will not take judicial notice of a township 
organization, nor its name. — Bragg i'. Board of Commissioners, 34 Ind. 405; Swails 
V. State, 4 Ind. 516. 

10. Action. In dealing with a Trustee of a school township, all persons are 
bound to take notice of his official character, and to know that he can only bind 
his township by contracts which are shown to be authorized by law. There- 
fore, a complaint against a school township on a contract for school supplies, to 
be good, must allege that such supplies are necessary and suitable for the use of 
the public schools of the township, and that they have been delivered to and 
accepted by such township. — Bloomington School Township v. National School 
Furnishing Company, 107 Ind. 43; Platter v. Board, 103 Ind. 360; Summers ■«. 
Board, 103 Ind. 262; Reeve School Township v. Dodson, 98 Ind. 497; Axt v. Jack- 
son School Township, 90 Ind. 101 ; Pine Civil Township v. Huber, etc., 83 Ind. 
121 ; Kittenger v. Monroe School Tp., 3 Ind. App. 411. 

n . Summons. A summons in an action against a township must be issued 
against the township; and if issued against the Trustee of such township a judg- 
ment thereon against the township is void. — Vogel v. Brown School Township, 112 
Ind. 317 ; Vogel v. Brown Township, 112 Ind. 299. 

[1875, p. ia5. Approved and in force March 12, 1875.] 

88. School Trustees in cities and towns. 5. The Com- 
mon Council of each city and the Board of Trustees of each 
incorporated town of this State shall, at their first regular 
moetins: in the month of June, elect three School Trustees who 
sliall liold their ofiice, one, two and three years respectively, as 



TOO 



SCHOOL LAW Ol'' INDIANA. 



sjiid 'rnislccs sliiill (Icloriiiiiio hv lot. at llio (imo of (heir orj^'iini- 
/iiCioii, and, annually t licrcaricr, sliall (>l('('l. one Sdiool TniHtcc, 
who Kliall hold hin ollico I'or threes years. Said 'rrustccs hIuiII 
coiislit iilc llu^ School Hoard of \\\o city or town ; and, before en- 
Ici'ini;' upon the <lntics of I heir ollIc(>, sliall lake an oath faith- 
fullv to dischari^H^ tlu^ dulics of the same. 'I'hey shall meet 
\vi(hiii (i\'(^ days after their election, and ori!,'a.ni/c^ hy electiii_<>" 
one of their niimher as president, one as secretary, and oiu> as 
treasurer. 'V\\v treasurer, ht'fore euteriii^u,' u))()ii the duties of 
liis ollic(>, shall execute a hond, to \ho acceplance of the dounty 
Auditor, conditioned as in ordinary ollicial honds, ^^■ith jit least 
two siillieient freehold sureties, wlio sliall not he memhers of said 
I^oard, in a sum not less than doiihle the ainonnf of money AvlTn-h 
ina\ come into his hands, within any one year, hy x'irtiic of his 
ollice. The president and secretary shall «>ach i;-i\'e bond, with 
like sureties, to he ap|)ro\(Ml hy llu^ County .Auditor, in any sum 
not l(>ss than one-third <A' the treasurer's bond. All vacancies 
that may occur in said Hoard of School "^rrustecs shall be tilled 
by the ('ommou (\)uneil of the city or Hoard of Trustees ol" 
th(> town; but sucb election to fill a. vacancy shall only be for 
the iincNpiriMl term. The jioard of School 'frustees shall, (>acb 
year, within li\e days after the annual election of a member, roor- 
i!,-aui/.e their Hoard and executt> their res])ecti\(> bonds for the 
cnsuini:,' yt>ar. Said Trustees shall iHH'ei\'e i'ov t lu'ir serx'ices such 
compensation as tlu> (\>minon (\)uncil {>{' the city or the Hoard 
of Trusl(M>s ot" the town may deem Just; which comi)ensation 
shall bi> paid from the special school i'e\enue of the city or 
town. (U.S. ISSI, J^ 11;^.); R. S. 1S!>4, J<r>l)ir>: ]|. S. IS!)?, 

1. 'l\i\\'N TiiesrKM. A 'Town 'ri-ustcc of an iiu'oi-poi-atcd town may 1h> olrt'ti'd 
t(i till' (ill'uT III' Sc'htiol 'Pnistn-. Slalo r. iMovcr, (10 Ind. -JSS. 

'1. 'riiNU'i OK I'^a.KCTiON. As to tlu> tiino of olorlion, tii is sort ion is nioroly ili- 
rcctin-y ; and if omitti'd iit tlio tinio it may Lo mado aftorwavd. — Sackott r. l'\)rt'- 
man, 7 1 Ind. -ISli. 

;;. l\KsuiN.\T10NS, .\ resignation of a to\vi\ or rity Si'lioid Trnstoo slumld Lc 
addri'ssod to tin- Lody that olocts, and is conipii'lo williout formal ai'c'0[)l!iutH' ; yot 
its witlulrawal cvou afti-r accoptani'i' hut witii llio t'lMisont of tiio oliH'ting ln)ily is 
I'lluivaliMil to a ri-a|ijHiintnu'nt. In case of siu'ii I'osi-^nation an olortion to fill the 
vacanoy may lu' iudd lu-foio tiio day set for tlio rosi^nation to t;tko ofloot. — liOacli 
i\ State, TS ind. oTO. 

I. I'owKU AS re \' AceiNA iMON. Selinol Trnstees iiavo tiie power, as a nu^ns- 
uri> i>f puldie safety and to j>U!'.rd a,uainst ii eonlag'ious disease, to order school 



SCHOOL LAAV OP INDIANA. 107 

children to be vaccinated, but they shouhl exercise it with discretion. In some 
localities there is no earthly danger of small-pox; in others — as a crowded city — 
when the disease has made its ajipearance immediate measures should be taken. 

5. Purchase of Ground. The School Trustees can not purchase ground or 
enter into contracts for building except with the approval of the Common Council 
or Town Trustees. 

G. Office Lucrative. As the statute provides for the compensation of Town 
School Trustees, their office is a lucrative one within the meaning of the Constitu- 
tion, and a person can not hold it at the same time with another lucrative office. 
— Chambers v. State, 127 Ind. 305. 

7. Suit Against Towns. A complaint against a school town alleging the 
employment of plaintiflf by the defendant to teach school and breach of the con- 
tract, is sufficient without alleging employment by the Trustees of the town or 
tliat the town was incorporated, or that there was a Board of Trustees. In such 
a case a paragraph of a complaint founded on an account is good. — School 
Town of Rochester v. Shaw, 100 Ind. 268. 

8. Officer de Facto. Pending suit to determine who is School Trustee, 
the courts will compel the County Auditor to recognize the Trustee in possession. 
Leach v. Cassidy, 23 Ind. 449. Hold-over Trustees can bind the school corpora- 
tion. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 

9. Amendment of 1875. This section was amended in 1875, and it super- 
seded and took the place of the amendment of 1873 (Acts 1873, p. 68). — Blake- 
more V. Doian, 50 Ind. 194. 

10. Abolishing Office. The Legislature may abolish the office of School 
Trustee, or shorten or lengthen the term thereof. — Blakemore v. Dolan, 50 
Lid. 194. 

n. Old Board's Contract. A contract made by the Board of School Trus- 
tees of an incorporated town or city with a school superintendent or a teacher, 
prior to the annual election in June, of a new memb(?r of the Board, and the re- 
organization required by statute, for services to be performed after the election of 
such member, is valid and binding on the school corporation. — Reubelt v. School 
Town of Noblesville, 106 Ind. 478. 

12. Mandamus. Mandamus lies to compel a school officer to deliver the 
records, books and papers of the office to his successor. Frisbie v. Clarksville, 78 
Lid. 2()9 : and to compel the Trustees of a town or city to elect School Trustees. 

13. Extending Term. The provisions of the Constitution (R. S. 1881, ^225; 
R. S. 1894, i>225; R. S. 1897, ?225) extending the regular terms of officers until 
their successors "shall have been elected and qualified," applies to School Trus- 
tees, and such Trustees continue in office until their successors have not only been 
elected but have taken their oath of office and have filed their official bonds. 
— School Town of Milford v. Powner, 126 Ind. 528. 

14. Board Acts as a Unit. The Board must act as a body, not as individ- 
uals, the majority ruling; and their action should be recorded. 

But where one of the wSchool Trustees of a town signed a contract of employ- 
ment with a teacher in one of the schools of the town, and at a called meeting the 
contract was adopted by the Board and signed by another member, it became 
l)inding upon the town. — School Town of Milford v. Powner, 126 Ind. 528. 

15. Validity of Rules and Regulations. Regulations adopted by per- 
sons in charge of a school are analogous to by-laws enacted by municipal and 



108 SCHOOL LAAV OF INDIANA. 

other corporations, and both will be annulled by the courts when found to be un- 
authorized, against common right, or palpably unreasonable. — State v. White, 82 
Ind. 278. 

16. CiTV Councilman. The office of City Councilman is not a lucrative 
office within the meaning of the Constitution. — State- v. Kirk, 44 Ind. 401. 

17. Justice of the Peace can not Serve as Trustee. A Justice of the 
Peace can not serve as School Trustee. — See § 176 State Constitution. Post. 

18. Assent op Majority. A majority of the Board, at a legal meeting, 
must consent to an order to render it valid. — City of Logansport v. Dykeman, 116 
Ind. 15. 

19. Eeasonableness of Kules. Eules must be reasonable under the cir- 
cumstances. — Fertich v. Michener, 111 Ind. 472. Any rule of the school not sub- 
versive of the rights of the children or parents, or in conflict with humanity and 
the principles of the divine law', which tend to advance the objects of the law in 
establisliing public schools, must be considered reasonable and proper. — Fertich v. 
Michener, 111 Ind. 472. 

20. City Clerk. The office of City Clerk is not an office "under the State," 
within the meaning of section 17G, State Constitution. — Mohan v, Jackson, 52 
Ind. 599. 

21. Acceptance of Lucrative Office. If an officer holding one lucra- 
tive office accepts another, the acceptance of the second vacates the first. — Howard 
V. Shoemaker, 35 Ind. Ill ; Mohan v. Jackson, 52 Ind. 599. 

22. Authority to Adopt Eules. The School Board and school authori- 
ties have the power to adopt rules and regulations for the government of the 
schools under their control. — Fertich v. Michener, 111 Ind. 472. 

23. Eules of Superintendent or Teacher Binding on Pupils. Any 
reasonable rule adopted by the superintendent or teacher, not inconsistent with 
some statute or some rule prescribed by higher authority, is binding upon the 
pupils.— Fertich D. Michener, 111 Ind. 472. 

24. Gradation of Pupils. When a child has graduated from one depart- 
ment it is ineligible to that department again. 

25. When Two Boards Act Together. When two Boards act together a 
majority of the whole Board of Trustees, whether such majority come from one 
corporation entirely, or from different corporations interested, have the power to 
transact any and all business. — Hanover School Township v. Gant, 125 Ind. 557. 

26. Eatification of Contracts. Contracts may be ratified by the Board 
either by special resolution or by acquiescence. 

27. Defalcation — Liability of Members of Boards. A Trustee who 
has had no part in the misapplicatio.n of funds is not liable therefor. ^ — State v. 
Julian, 93 Ind. 292. 

28. Contracts with De Facto Trustees. The contracts of de facto Trus- 
tees with teacher is binding upon their school corporation ; and in an action by 
such teacher on the contract, the validity of their acts as officers can not be called 
in question. — School Town of Milford v. Zcigler, 1 Ind. App. 138. 

29. Acquiescence in Illegal Election of Officers. After six years of 
acquiescence and approval on the part of the school town in the election and 
serving of certain persons acting as School Trustees, third persons dealing with 
them have the riglit to presume that they are at least officers de facto. — School 
Town of Milford r. Zeigler, 1 Ind. App. 138. 



SCHOOL LAW OF INDIANA. 109 

30. Hiring of Teacher by Old School Board. A Board of School Trustees 
(not a Township Trustee, ^ 172), after their successors have been elected, and before 
they are entitled to serve as officers, may hire a teacher for the year beginning 
after their terms of office will expire. School Town of Milford v. Zeigler, 1 Ind. 
App. 138. A School Trustee of a township can not ignore his predecessor's con- 
tract, because of mere formal and technical defects. — Sparta School Tp. v. Men- 
dell, 138 lud. 188. (See? 172.) 

31. Signing Contract. If the School Board in session hire a teacher, the 
contract with him may be signed at different times; and a signing by a majority 
of the Trustees is sufficient. School Town of Milford v. Zeigler, 1 Ind. App. 138. 

32. Abolishing School — Effect on Teacher's Contract. A contract with 
a teacher to teach can not be annulled by abolishing the school he was to have 
taught.— School Town of Milford v. Zeigler, 1 Ind. App. 138. 

33. Majority op Trustees Sufficient to Make a Contract. A contract 
by two of three Trustees, when in session, "is valid." — School Town of Milford v. 
Zeigler, 1 Ind. App. 138. 

34. Illegal Design of Trustee. A teacher's contract is not void when the 
Trustees have an illegal purpose or design in view, if he does not participate in 
such purpose or design. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 

35. Contest. Pending litigation to determine who is entitled to exercise an 
office, the officer de facto shall act, and when it appeared to the court that A was 
in possession of the office of School Trustee it properly compelled the County 
Auditor to recognize him as such. — Leach v. Cassidy, 23 Ind. 449. See also School 
Town of Milford v. Zeigler, 1 Ind. App. 138. 

36. Employment by School Town. A complaint against a school town 
alleging the employrnent of the plaintiff by the defendant to teach school and a 
breach of contract is sufficient, without alleging employment by the Trustees of 
such school town, or that the town was incorporated, or that there was a Board of 
Trustees in said town.— School Town of Eochester v. Shaw, 100 Ind. 268; Sparta 
School Township v. Mendell, 138 Ind. 188. 

37. Suit on Treasurer's Bond— Penalty — Eelator. The incoming Treas- 
urer may sue the outgoing Treasurer on his official bond for failure to turn over 
funds in his hands, and such suit may be maintained without an order from the 
County Commissioners. He is liable to the penalty of 10 per cent. — Sec. 91. 
Hiatt V. State, 110 Ind. 472. 

38. Incoming Treasurer Entitled to Eeceive Money Only from His 
Predecessor. An incoming Treasurer is entitled to receive money only from his 
predecessor. — Hiatt v. State, 110 Ind. 472. 

[1897, p. 115. Approved and in force March 2, 1897.] 

89. Town refusing to elect School Trustees — Trustee of 
township controls. 1. In all incorporated towns of this 
State liaving a population of fifteen liundred persons or less, as 
sliown by the last preceding United States census, the Board of 
Trustees of any such incorporated town of this State which has 
not taken control of the public schools, but which are now un- 
der the control of the Township Trustee in which such town is 



110 SCHOOL LAW OF INDIANA. 

located, may, at their option, refuse to elect School Trustees as 
provided for in section 4439 of the Revised Statutes of 1881, and 
in such case the care and control of the schools of such incor- 
porated town shall be and continue under the control of the 
Township Trustee of the school township in which such incor- 
porated town sliall he situated, the same as the schools of such 
school township not located within the limits of such incorpo- 
rated town, and in any such town no school town corporation 
sliall exist until School Trustees are elected therefor accord- 
ing to section 4439 of the Revised Statutes of 1881. (R. S. 1897, 
§ 0133.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

90. Trustees' bonds— Vacancy. 6. The County Auditor, 
in fixing the penalty and approving and accepting the bonds of 
such Trustees, shall see to their sufficiency to secure the school 
revenues which may come into their hands, as well as the ordi- 
nary township or other revenue. In case of a vacancy in the 
office of Trustee, the County Auditor shall appoint a person to 
1111 the same, who shall take an oath and give bonds as required 
in the last preceding section ; and said Auditor shall report to 
the Superintendent of Public Instruction the name and postoffice 
address of each Trustee. (R. S. 1881, § 4440 ; R. S. 1894, § 5916 ; 
R. S. 1897, § 6134.) 

1 . Bond Does Not Cover Borrowed Money. There is here a clear implica- 
tion that the only money which a Trustee can officially receive is that yielded by 
the scliool revenues. Money obtained by borrowing can not be said to be scliool 
revenue, and tlie penalty of the bond does not extend to such money. — Wallis v. 
Johnson Tp., 75 Ind. 368. 

2. Title to School Money. A Trustee, like a County Treasurer, is liable 
on his bond for all money that may come into his hands by virtue of his office, 
whatever may become of the money. He is not a mere bailee, but the legal tech- 
nical title to the money in his hands is in himself. — Kock v. Stinger, 36 Ind. 346. 

3. Use Not Conversion. The mere use, by the Trustee, of school revenues 
of the townsliip in his own business is not such a conversion of the money as 
constitutes a breach of the conditions of his bond. — Brown v. State, 78 Ind. 239|; 
Bocard v. State, 79 Ind. 270; Goodwine v. State, 81 Ind. 109. 

4. When Not Entitled to Interest. Title to such revenues does not vest 
in a Trustee until they are actually drawn by him out of the treasury, and he is 
not entitled to interest on warrants issued against them. — Hadley v. State, 66 Ind. 
271. 

5. Vacancies. Section 89, passed in 1875, takes away from the Auditor the 
power of filling vacancies in the office of Town or City School Trustees; and 



SCHOOL LAW OP INDIANA. Ill 

the Board of County Commissioners, if in session when the vacancy occurs, or 
before it is tilled, tills a vacancy in the office of Township Trustee ; but if the 
vacancy occurs when they are not in session, the County Auditor may fill it. — 
R. S. 1881, §5996; R. S. 1894, §8071; Cooper v. State, 113 Ind. 70. 

It is considered that a person appointed to fill a vacancy in an office holds 
such office until his successor is elected and qualified. The Supreme Coui-t seem to 
have so regarded the question. — vSee Urmston v. State, 73 Ind. 175; § 4440 b. 

6. Resignation. When a City School Trustee resigns his office, to take effect 
at a future day, the City Council may elect to fill the vacancy before the day fixed 
for the taking eflTect of the resignation. — Leech v. State, 78 Ind. 570. 

7. Overpayments — Shortage — Set-off. In an action on the bond of a 
Township Trustee he is entitled to set-off against the shortage in one fund over 
payments on account of another, so far as the shortage was occasioned thereby. — 
Finney v. State, 126 Ind. 577; State v. Julien, 93 Ind. 292; Hadley v. State, 66 
Ind. 271. 

8. Eligibility — Alien. A voter under the Constitution of this State, though 
not a citizen of the United States, is eligible to the office of Township Trustee. — 
McCarthy v. Foelke, 63 Ind. 507. 

9. Liability of Surety. When a successor is elected and qualified, but does 
not take possession of the office, and the old Trustee continues to act, his acts are 
void ; he is not an officer de facto or dejure, and his sureties are not bound. — Stein- 
back V. State, 38 Ind. 483; Rany v. The Governor, 4 Blackf. 2. 

10. Office Lucrative. The office of Township Trustee is a lucrative office 
within the meaning of the State Constitution. -Foltz v. Kerlin, 105 Ind. 221. 

11. Liability of Officer and Surety. The statute creates a permanent 
and continuing liability and the sureties on his official bond, for a failure to per- 
form any duty imposed by any law in force at the time the bond is executed, or 
which may be subsequently passed during the time for which such officer has 
been elected ; and it is not necessary that the bond should provide in express 
terms for such permanent and continuing liability. — Davis v. State, 44 Ind. 38. 

12. Damages in Suit Upon Bond op Trustee. It is the imperative duty 
of a court rendering judgment against a Township Trustee, in a suit upon his 
official bond, for a violation of a duty in reference to school revenues, to assess 
ten per cent, damages on the amount recovered. — Davis v. State, 44 Ind. 38. 

13. Bond Covers Both Civil and School Township. A township em- 
braces two distinct corporations, to wit: The civil township and the school town- 
ship, existing within the same territory and having the same Trustee, who is bound 
by a single official bond. — Inglis v. State, 61 Ind. 212. 

14. Action by' Successor. An action on the relation of a Township Trustee, 
on the bond of a defaulting predecessor, may be instituted without the request or 
direction of the Board of County Commissioners. — Inglis y. State, 61 Ind. 212. 

[1883, I). 118. Approved and in force March 6, 1883.] 

91. Trustees manage revenues — Reports. 7. The Scliool 
Trustees of every township, incorporated town or city, shall 
receive the special school revenue belonging thereto, and the 
i-evenue for tuition which may he apportioned to his township, 
town or city, by the State, for tuition or [for] the common 



112 SCHOOL LAW OF INDIANA. 

schools, and shall pay out the same for the purpose for which 
such revenues were collected and appropriated. Such Trustees 
shall keep accurate accounts of the receipts and expenditures 
of such revenues, and shall render to the County Commis- 
sioners, annually, on the first Monday of August, for the school 
year ending on the thirty-first day of July, and as much oftener 
as they may require, a report thereof, in writing. Said Board 
of Commissioners shall hold a session on said Monday to re- 
ceive said reports. They shall clearly and separately state : 

First. The amount of special school revenue and of school 
revenue for tuition on hand at the commencement of the year 
then ending. 

Second. The amount of each kind of revenue received with- 
in the year, giving the amount of tuition revenue received at 
each semi-annual apportionment thereof. 

Third. The amount of each kind of revenue paid out and 
expended within the year. 

Fourth. The amount of each kind of revenue on hand at 
the date of said report, to be carried to the new account. 

And shall, with said report, present and file a detailed account 
current of the receipts and payments for the j^'ear, and support 
the same by proper vouchers ; which report and account current 
shall each be duly verified by afinidavit; and when the said 
County Commissioners are satisfied that said report is full, 
accurate and right in all respects, and that said account is just 
and true, they shall allow and pass the same ; which shall have 
the efifect to credit the Trustee for the expenditures. A copy 
of said report, as passed and allowed by the County Commis- 
sioners, shall, within ten days after its date, be filed by the 
Trustee with the County Superintendent of the county, and 
upon failure of the Trustee to discharge any of the duties re- 
quired of him relative to schools and school revenues, the Board 
of County Commissioners shall cause suit to be instituted 
against him, on his otficial bond, and in case of recovery against 
him, the court rendering the judgment shall assess upon the 
amount thereof ten per cent, damages, to be included in said 
judgment. (E. S. 1881, § 44-41 ; R. S. 1894, § 5917 ; R. S. 1897, 
§6135.) 

1. Conversion. The application, by a Trustee, of tuition revenue to special 
school, road, or civil township purposes is a conversion of so much of the fund 



SCHOOL LAW OF INDIANA. 113 

and a breach of his bond. — Kobinson v. State, 60 Ind. 26; Brown v. State, 78 Ind. 
239; Board v. State, 79 Ind. 270. The suit may be brought on the relation of his 
successor. — Steinmetz v. State, 47 Ind. 465; Robinson v. State, 60 Ind. 26. 

2. LiABiJLiTY OF Trustee. The Trustee is absolutely liable for the loss of 
the funds by whatever casualty. Depositing in a solvent bank, by advice of State 
and County Superintendent and County Board, if loss result, is no defense. 
— Inglis V. State, 61 Ind. 212; Board v. State, 79 Ind. 270. 

3. School Board Independent. The School Trustees of a city or town act 
independently of the City Council or Board of Town Trustees in receiving and 
expending the school revenues, and their action can not be controlled by the 
latter. — Johnson v. Smith, 64 Ind. 275. 

4. Mistake in Settlement. When a Township Trustee fails to keep the 
accounts required by this section, and by reason thereof, and by reason of mis- 
laying vouchers, he fails in his annual settlement with the County Commis- 
sioners to claim or receive credit for a certain sum properly paid out by him, he 
can not afterward recover for the amount so paid. — Butt v. Jennings Township, 
81 Ind. 69. 

5. Writ of Mandate. Mandamus lies by a School Trustee to compel de- 
livery by his predecessor of the records, books and papers of the office, and to 
compel the payment of money which the Trustee is required by law to apply to 
school purposes. — Frisbie v. Fogg, 78 Ind. 269; Goldsberry v. State, 69 Ind. 430; 
Hiattv. State, 110 Ind. 472; Brown v. State, 78 Ind. 239. 

6. Assessment of Damages. In a suit on the bond of a School Trustee the 
Court, in rendering judgment upon the verdict, should add ten per cent, to the 
amount found by the jury. — Watson v. State, 80 Ind. 212; Goldsbe»ry v. State, 69 
Ind. 430; Hiatt v. State, 110 Ind. 472; Brown v. State, 78 Ind. 239. And the 
provision to that effect is imperative. — Brown v. State, 78 Ind. 239. 

7. They Can Not Borrow Money. There is nothing in the statute from first 
to last indicating that a Township Trustee can rightfully obtain money from any 
otiiei- source than the school revenues. There is a plain and unmistakable pur- 
pose on the part of the Legislature to confine the Trustee to the funds expressly 
provided, and not permit him to go out into the business world as a borrower. * 
■•■• * The money is supplied to them, and they must take it as supplied, and 
not attempt to devise or create other sources of supply. — Wallis v. Johnson Town- 
ship, 75 Ind. 368. 

8. Are Liable for JSIoney Had and Received. Where money is loaned 
to a Township Trustee for the use and benefit of the school township represented 
l)y him, and the school township receives the benefit of the money, it is liable 
therefor; and though the note of the Trustee attempting to bind the town- 
ship for the loan be held void, yet the liability of the township remains as for 
money had and received.— Bicknell v. W^idner Township, 73 Ind. 501; First Nat. 
Bank v. Union Township, 75 Ind. 361. 

9. May Execute Notes for Debts. A school township, by and in the name 
of its Trustee, may execute a valid negotiable promissory note for any debt con- 
tracted for the benefit of its property; but it is not governed by the law merchant, 
and an assignee takes it subject to all defenses. — Sheffield Tp. v. Andress, 56 Ind. 
157. The Board of School Trustees of an incorporated town have power to exe- 
cute a valid negotiable promissory note, by and in the name of such Trustees, 
binding upon the school corporation for any debt contracted for the benefit of its 

8— ScH. Law. 



114 SCHOOL LAW OF INDIANA. 

property. — School Town of Monticello v. Kendall, 72 Ind. 91. A note executed by 
a School Trustee and given in payment for certain school maps was held to bind the 
school corporation. — Moral School Tp. v. Harrison, 74 Ind. 93. The same was 
true of a note given for dictionaries. — Jackson School Tp. v. Hadley, 59 Ind. 534. 
And for school furniture. — Johnson School Tp. v. Bank, 81 Ind. 515. But School 
Trustees have no power to bind their corporations by notes given for money bor- 
rowed. — Wallis V. Johnson School Tp., 75 Ind. 368. 

Yet a Township Trustee may execute a note for school furniture that is prima 
facie valid and binding on the school township. — Miller v. White Biver School 
Tp., 101 Ind. 503. See also Litten v. Wright School Tp., 127 Ind. 81. 

10. May Anticipate Certain Kevenues. The only portion of the school 
revenues which the School Trustees may not expend in aiiticipation is the school 
revenue for tuition belonging to the State and by it apportioned. — Harney v. 
Wooden, 30 Ind. 178. But this is very far from deciding that money may be 
borrowed by the Trustee. — Wallis v. Johnson School Tp., 75 Ind. 368. 

11. When May Issue Bonds. A Township Trustee, in case of a bequest or 
gift exceeding five thousand dollars, to an unincorporated town in his townshi[), 
conditioned upon the raising of a like sum by the citizens of the township, may, 
upon petition of a majority of the legal voters thereof, issue and sell the bonds of 
the township to an amount not exceeding fifteen thousand dollars.— § 186. Scliool 
bonds of cities and incorporated towns are issued by the Common Council or Board 
of Town Trustees, but in no case by tlie School Board. 

12. Result of the Decisioks. The conclusion, from a careful comparison 
of the authorities, is that School Trustees have no power to borrow money; but 
they may bind their corporations by promissory notes for the payment in future 
of valid pre-existing debts, or for the repayment of money advanced to liquidate 
such debts. The indebtedness of all corporations is limited by the Constitution 
(E. S. 1881, ? 220; R. S. 1894, ? 220; R. S. 1897, § 220) to two per cent, on the 
value of taxable property. 

13. Certificates of Indebtedness. Certificates of indebtedness issued 
without any consideration are invalid, and can not be inforced against the town- 
ship, even if the proper officers promise to pay them. Axt v. Jackson School Tp., 
90 Ind., 101. Such a certificate is void even in the hands of an innocent pur- 
chaser.— State V. Hawes, 112 Ind. 323; Eoyd v. Mill Creek School Tp., 114 Ind. 
210; Grimsley i'. State, 116 Ind. 130. 

14. Suits, How Brought. In an action against a school township for articles 
purchased by the township, it must be shown that they were suitable or necessary, 
and that they were received or used by the township. Reeve School Tp. v. Dodson, 
98. Ind. 497; Bloomington School Tp. v. National School Furnishing Co., 107 Ind. 
43 ; State v. Hawes, 112 Ind. 323. Delivery of the goods to a railroad company to be 
transported to the township is not such a delivery as will bind the township for 
goods purchased which are not suitable; but if actualh' received by the township 
and used, the contract is valid. — Boyd v. Mill Creek Tp., 114 Ind. 210; Litten v. 
Wright School Tp., 127 Ind. 81. 

15. Misappropriation. A trustee of schools who has had no part in the 
misappropriation of funds of the corporation is not liable tlierefor. — Stater. Julian, 
93 Ind. 292. 

16. vSessions of Board of County Commissioners. The sessions of the 
Board of County Commissioners under this section are for the sole purpose of 



SCHOOL LAW OF INDIANA. 115 

receiving from the School Trustees reports, as herein provided for, and taking 
action thereon, and the Board has no power to transact any other business. — 
Fahlor v. Board of Commissioners, 101 lud. 167. 

17. Who May Bring Action on Bond. The incoming town or city Treas- 
urer is the proper person to bring suit against the outgoing Treasurer, on his bond, 
for a failure to turn over the school funds to him; and he may do so without an 
order of the Board of County Commissioners. — Hiatt v. State, 110 Ind. 472 ; Strong 
V. State, 75 Ind. 440. 

18. Overpayment. If a Treasurer pays more than he is required to pay 
to his successor, he must bring an action to recover the amount of such overpay- 
ment Avithin six years after the fact of payment; and if such overpayment was 
occasioned by his failure to keep proper vouchers and accounts, and he settled 
with the County Commissioners without making claim therefor, he can not recover 
the amount thereof. — Butt v. Jennings School Tp., 81 Ind. 69. 

19. Advancing Money. A Township Trustee, who, in good faith, employs 
necessary and proper teachers, and when it is unexpectedly found that the public 
funds provided are insufficient to pay them in full, advances the deficit out of his 
own money, has a demand against the school township which he may recover. 
Klefer d. Troy School Tp., 102 Ind. 279; Murphy v. Oren, 121 Ind. 59. And so 
may a city or town Treasurer who advances money under like circumstances. 

20. Mixing Funds. The several school funds should be kept separate; but 
if payment is made out of the wrong fund, the fund from which it should have 
been made can be drawn upon to make up the deficiency in the overdrawn fund; 
and in a suit against the Trustee, he should have credit in this way.— State v. 
Finney, 125 Ind. 427; Murphy v. Oren, 121 Ind. 59; Finney v. State, 126 Ind. 577. 

21. Officer De Facto Liable Can Not Deny Liability. It is no defense 
to an action by a school corporation to recover its moneys of one who had intruded 
unlawfully into the office of treasurer of the corporation, that another is holding 
that office. — Lucas v. State, 86 Ind. 180. 

22. Ownership of Fund. The ofiicer holding the school funds for the time 
being is the owner thereof, and entitled to all the interest that he may receive by 
a loan of the funds. Brown v. State, 78 Ind. 239; Bocard v. State, 79 Ind. 270; 
Rock V. Stinger, 36 Ind. 346; Shelton v. State, 53 Ind. 331; but if he receives the 
interest accruing on warrants issued by the County Auditor on the County Treas- 
urer, he is liable for the amount of such interest thus received. — Hadley v. State, 
66 Ind. 271. 

23. Refunding to Trustee. An act of the Legislature refunding to a 
School Trustee, out of the funds of bis school corporation, moneys lost without his 
fault is valid.— Mount v. State, 90 Ind. 29. 

24. Right of New Town to Part of School Revenue. When new town 
is organized within township after school revenue is received, the town is entitled 
to its share; the trustee may be compelled by mandate to pay it over to the town 
school trustees, who are the proper relators in such suit. — Hon v. State, 89 Ind. 249. 

[1865, p. 3. Approved and in force March 6, 1865.] 

92. Record— Duty as to Revenue. 8. The Trustees shall 
keep a record of their proceedings relative to the schools, in- 
cluding all orders and allowances on account thereof; including. 



116 SCHOOL LAW OF INDIANA. 

iilso, accounts of all receipts and expenditures of school revenue, 
distinguishing between the special school revenue helonging to 
their townshij), town or city, and the school revenue for tuition, 
which heU)ngs to tlic State, and by it apportioned to their town- 
ship, town or city; which said revenue for tuition they shall 
not permit to be expended for any other purpose, nor even for 
that purpose in advance of its apportionment to their respective 
corporations. (R. S. 1881, § 4442 ; R. S. 1894, § 5918 ; R. S. 
1897, § 6136.) 

1. Liability. A Trustee of Schools who has had no part in the misapplica- 
tion of tuition revenue is not liable therefor. State v. .Julian, 93 Ind. 292. 

2. Inspf.ction of IJooks. School Trustee's records, either of a city, town or 
township, are public records, always o\)Qn for public inspection, and any one inter- 
ested liieroin has a right to examine them. Anderson School Township v. Thomp- 
son, 92 Ind. 55(>. 

93. Annual statement. 9. The Township Trustees and 
the School Trustees of incorporated towns and cities shall, 
immediately after their aimuiil settlements with the County 
C^ommissioners, in August make a full statement of all their 
receipts and expenditures, for the year preceding, relative to 
their schools. (R. S. 1881,^4443; R. S. 1894, §5919; R. S. 
1897, § 6137.) 

94. General duties. 10. The Trustees shall take charge 
of the educational atl'airs of their respective townships, towns 
and cities. They shall employ teachers, establish and locate, 
eonveniently, a. sufiieient number of schools for the education of 
the white cliildren therein, and build, or otherwise provide, suit- 
able houses, furniture, apparatus and other articles and educa- 
tional appliances necessary for the thorough organization and 
eilicient management of said schools. They may also establish 
graded schools, or such nmditications of them as may be prac- 
ticahle, and pi'o\'ide for admitting into the higher departments 
of the graded schools, from the primary schools of their town- 
shi|)s, such pupils as are sntHcieully advaiu'cd for such admis- 
sion. I'hev shall have the care and management of all jVrojierty, 
real and personal, l)elonging to their respet^tive corporations for 
common scliool purposes, exce])t tlie congressional township 
school lands; which lauils shall be under the care and raanage- 
jnent of the Trustee of the civil township to which such lands 



SCHOOL LAW OF IXDIAXA. 117 

belong. (R. S. 1881, § 4444 ; R. S. 1894, § 5920 ; R. S. 1897, 
§ 6138.) 

1. Power of Trustee. The Township Trustee is clothed with almost auto- 
cratic power in all school matters. The voters and taxpayers of the township 
have but little, if indeed any, voice or part in the control of the details of educa- 
tional affairs. So far as actual authority is concerned, the Trustee is the corjjora- 
tion, although in contemplation of law it is otherwise. — Wallis v. Johnson Tp., 75 
Ind. 368; Bicknell v. Widner School Tp., 73 Ind. 501. 

2. Patrons Can Xot Desigxate Teachers. There is no provision of the 
law authorizing any other person than the Trustee to select a teacher. It is there- 
fore held that the provision authorizing the Trustee to employ teachers, also 
authorizes him to select them, and that school meetings are not empowered by the 
law to designate or employ teachers. That power was taken from them in 1873. 

3. CotJNTY Can Not Build School House. A Board of County Commission- 
ers has no authority to make an appropriation of any sum out of the general fund 
of their county for the erection of a school building. Eothrock v. Carr, 55 Ind. 
331. 

4. Abandoned Corporation. In case a town abandons its corporation, the 
powers and duties of the Board of School Trustees cease, the Township Trustee 
succeeds thereto, and it becomes his duty to take charge of the schools without 
special notice. 

5. Trustee Can Not Employ Himself. You ask me whether a Township 
Trustee has a right to teach school in his own township. In answer I have to say 
that a Township Trustee, being the agent of the State to employ teachers for the 
public schools, is not atithorized to employ himself. 

6. Contracts with Teachers. A teacher contracts with the school township 
through its Trustee, and although the Trustee squanders the township funds and 
his bond is worthless, yet the township is liable to pay the teacher as specified in 
the contract. A verbal contract with a School Trustee to teach a school is as bind- 
ing as a written contract. — Harrison School Tp. v. McGregor, 96 Ind. 185; Har- 
mony School Tp. V. Moore, 80 Ind. 276. Verbal contract held valid. — Jackson 
School Tp. V. Shera, 8 Ind. App. 330 ; Fairplay School Tp. v. O'Neal, 127 Ind. 95. 

7. When Contracts May Be Made. See sec. 172 for time of making con- 
tracts for a township teacher. 

But a contract made by the Board of School Trustees of an incorporated town 
or city with a School Superintendent, jsrior to the annual election of a new mem- 
ber of the Board and the reorganization required by statute, for services to be 
performed after the election of such member, is valid and binding on the school 
corporation. — Reubelt v. School Town of Noblesville, 106 Ind. 478. 

8. Resignation of Teacher. The relation existing between Trustee and 
teacher is bpsed on a contract. A teacher can not resign without the consent of 
the Trustee. To abandon his school without such consent is a violation of his 
contract, and gives the Trustee a claim against him for any damages actually sus- 
tained by the school in consequence thereof. 

9. Location of Houses— Title. The title to property on which a school 
house is to be built must be in the school corporation ; and by proper proceedings 
land may be condemned for school purposes. 

Trustees must not build outside their own jurisdiction, since the franchises of 
a school corporation can not extend beyond its own territory so as to attach to 



118 SCHOOL LAW OF INDIANA. 

land or school buildings outside the corporate limits. — Mt. Carmel v. Shields, 66 
Ind. 521. 

10. Providing Houses, Furniture, Etc. The school authorities are not 
bound to furnish educational facilities beyond tliose which the funds, devoted by 
law to that purpose, will yield. It is not for them to burden the school township 
with debt by borrowing money. Their duty is fully performed and their power 
completely exhausted when they have properly expended all money derived from 
the school revenue. — Wallis v. Johnson School Tp., 75 Ind. 368. But where money 
had been loaned to a Township Trustee for the purpose of completing a needed and 
suitable school house, the school township receiving the benefit of the loan was 
held to be liable therefor. — Bicknell v. Widner School Tp., 73 Ind. 501. 

11. Text-Books May Be Furnished. A Township Trustee can not pur- 
chase at the expense of the township, text-books for the use of the pupils attend- 
ing the public schools of the city or township. — Honey Creek School Tp. v. Barnes, 

119 Ind. 213. 

12. Furniture. The Trustees are under the law judges whether furniture is 
needed; and contracts therefor, and in consideration of the purchase of maps an<l 
dictionaries, will bind the corporation. — Moral School Tp. r. Harrison, 74 Ind. 93; 
Johnson School Tp. v. Bank, 81 Ind. 515; Jackson School Tp. v. Hadley, 59 
Ind. 534. 

13. Contracts of Trustees. Contracts for the benefit of school corpora- 
tions, whether to build houses, employ teachers or purchase supplies or appara- 
tus, should be made by the Trustee in the name of the school, not the civil, coi'- 
poration. — Hornby v. State, 69 Ind. 102; Harrison Tp. v. McGregor, 67 Ind. 380. 

A school town is bound, as such, for the contract price of material furnished 
and labor performed by another, in the erection of a school building for such 
town, under a parol contract therefor, made with him by the School Trustees of 
such town (School Town Princeton v. Gebhart, 61 Ind. 187), but a mechanic's lien 
can not be taken upon the building for materials furnished therefor and labor 
performed thereupon. — Fatout v. Board of School Com., 102 Ind. 223. 

A suit to set aside a contract for the building of a school house and to enjoin 
the doing of the work, on the ground of fraud on the part of the Township 
Trustee, in the making of the contract, is properly brought in the name of the 
State, for the use of the civil township. — State v. Earhart, 27 Ind. 119. 

A contract by a School Trustee for the improvement of school property, by the 
terms of which he is to share in the profits is void, both at common law, and under 
the statute. — Wingate v. Harrison School Tp., 59 Ind. 520. 

The penalty for such corrupt interest in contracts is a fine of from three hun- 
dred to one thousand dollars, and imprisonment for from two to fourteen years. — 
H. S. 1881, ? 2049; K. S. 1894, § 2136; K. S. 1897, § 

14. Graded Schools. This section gives the Trustees ample power to 
organize, at their discretion, such a system of free schools as the peculiar circum- 
stances of their townships may require. The schools may be all of the same 
grade, oi of two or three more grades. They may classify the children of the 
township according to acquirements. They may authorize the teaching of any 
branches of science, literature and art which public interest and public opinion 
may require. 

A graded school is a school in which the pupils are placed in different rooms 
and under different teachers, according to advancement. Consequently, the 



SCHOOL LAW OF INDIANA. 119 

greater the number of rooms and teachers for any given school the more favor- 
able the means for perfect grading. From this it will be seen that a graded 
school as contemplated in the above section can not exist with less than two 
teachers. With one the school may be classified but not graded. Trustees will 
therefore have regard to this element when they put up buildings designed for 
graded school. 2d. As to the time when a graded school should be established 
for any given township, no definite directions can be given. There are too many 
local elements to admit of any special directions. It is, however, safe to say that 
whenever there are pupils in the township whose advancement is such that the 
district schools can not furnish them instruction, at that moment begins the need 
of a township graded school furnishing instruction of a higher grade. The Trustee 
must, however, be satisfied that the number of such pupils is sufficient to justify 
the establishment of such a school before providing the same. 3d. As to place, I 
would suggest that whenever practicable the township graded school should be 
established in connection with a district school, thus economizing in building, 
perhaps in teaching, also furnishing the means of a more thorough grading in at 
least one primary school in the township. It is suggested further that a village, if 
centrally located, is usually a favorable place for the township school. 

The separation of pupils into different schools or departments, according to 
age and acquirements, is not an abridgment of their rights. — Corey v. Carter, 48 
lad. 360; State v. Grubb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 

15. Custody of School Property. The Trustee of each school district has 
charge and possession of the school house, for, although the director has the 
charge for certain purposes, he acts under the order and with the concurrence of 
the Trustee.— Hurd v. Walters, 48 Ind. 148. 

16. Orders Without Consideration Void. Where the Trustee of a school 
township has issued an order or certificate of indebtedness, in the name of his 
township, without any consideration therefor, such order or certificate is invalid 
and void, and can not be enforced against the township; nor in such cases will the 
acts, conduct or promises of the Trustee, or his successors in office, estop the town- 
ship from pleading the want of consideration as a sufficient defense to any suit 
against it upon such order or certificate. — Axt v. Jackson School Tp., 90 Ind. 101. 

17. May Abolish Districts. After a School Trustee has, on appeal, been 
ordered by the County vSuperintendent to provide furniture for the school house 
of a certain district, he may at once abolish the district and provide proper school 
facilities for the people thereof in other districts. A School Trustee has no 
authority to provide furniture for a room for school purposes, or to employ a 
teacher for service therein, unless such room is owned or leased by the school 
township. — State v. Sherman, 90 Ind. 123. 

18. EuLES and Regulations. School Boards and other educational authori- 
ties have power to adopt appropriate rules and regulations for the government of 
the schools under their control. It is not necessary that all such rules shall be 
made a matter of record, nor that every act, order or direction affecting their 
management shall be authorized or confirmed by a formal vote; but any reason- 
able rule adopted by a superintendent or teacher not inconsistent with some statute 
or some other rule prescribed by higher authority, is binding upon the pupils. A 
rule requiring the superintendent of a city school to visit weekly all the schools 
under his charge, and to see that the best methods of instruction are adopted, con- 
fers upon him authority, if it were otherwise wanting, to order and promulgate 



120 SCHOOL LAW OF INDIANA. 

such ndilitioinl ro:»st)naMe ruk's ns tl\c Lest iuti-ivsts of t lie scliools may require. 
In tho (');/(»nrw('«y of all ntlcii for thegovernmout of a soliool ilue regard nuist be had 
to the health, eonifort, age, mental and physical condition of the pnpils; and to 
the eircnmstance attending sueli particular emergency, and the condition of the 
weather, the infirmity of a pupil, and the like, may require relaxation in their 
strict enforcement. A school regulation must not only be reasonable within itself, 
but its enforcement must also be reasonable under all the circumstances. The 
habit of locking the doors oi a school room during the opening exercises is not an 
unreasonable enforcement, under ordinary circumstances, of a rule requiring 
pupils to remain in the hall during that time; but if the weather is unusually 
severe, and proper steps are not taken for the comfort of children thus excluded, 
such nu^thod of enforcement is unreasonable and improper. A rule requiring 
tardy pupils to remain either in the hall of the school building, which is provided 
with heat, or in the oilice of the principal, until the opening exercises, lasting 
from ten to fifteen, are concluded, in order that such exercises may not be inter- 
rupted or disturbed, is in itself a reasonable regulation. Such detevlion as a pondli/ 
for some omission or misconduct is one of the recognized methods of enforcing 
discipline and promoting the progress of piipih in the common schools, and 
although the cause for such detention be mistaken, it possesses none of the ele- 
ments of false imprisonment, unless imposed from wanton, willful or malicious 
motives. A school otlicer is not pcivovalh/ liable iov a mere mistake of judgment in 
the government of his school ; but to render him liable it must be shown that he 
acted in the manner complained of wantonly, willfully or maliciously. — Fertich v. 
Michener, 111 Ind. 472. 

19. CoNTAGiors Disease. Where a school town contracts with a teacher for 
a certain number of weeks of service, and, before the expiration of the term, closes 
the scluiol upon order of the County Board of Health because of the prevalence 
of diphtheria, it is liable for the teacher's salary for the time the school is closed, 
the non-performance of the contract not being due to an act of God. — School Town 
of Carthage v. Gray, 10 Ind. App. 428. 

20. Closing School on Accoxtnt of EriDEMics. If a teacher objects to 
closing school on account of e]>idemics he may be compelled to do so by order 
from the Secretary of the Board of Health.— R. S. 1894, (?()719. 

21. Power as to Rules and Recjulations. Under the Statutes of this State, 
construed in connection with the incidental powers of corporations, the various 
school boards and other educational authorities, have power to adopt appropriate 
rules and regulations for the government of the schools under their control. — Fer- 
tich V. Michener, 111 Ind. 472. 

22. Ri'LEs MrsT be Reasonable Unper the CtKorMSTANCEs. A school 
regulation must not only be reasonable in itself, but its enforcement must also be 
reasonable under all the circumstances. — Fertich r. Michener, 111 Ind. 472. 

23. Manpamis the Proper Action to Compel the Performance of a 
Ministerial Pfty. Mandamus is the proper action to compel any officer to per- 
form a ministerial duty, but mandamus will not lie to compel the performance of 
a discretionary duty. 

24. Bktberv of Pitblic Officer. To ofler a receipt for more than the cost 
of anv kind of apparatus to induce an otlicer to purchase is bribery. — State v. 
iMcDonald, lOt^ Ind. 233. 

25. May AiKn.isn District "When the Average Attendance is Only 
Four Pupils. The Trustee mav abolish a district when the attendance has be- 



SCHOOL LAW OF INDIANA. 121 

come so small as to satisfy hira that no good purpose can be accomplished by 
keeping the school 0[)en. When the average daily attendance was only four pu- 
pils, the number not being reduced by sickness or other cause, it was no abuse of 
the Trustee's discretion to abolish the district. — Tufts v. State, 119 Ind. 232. 

26. Courts Will Not Review Discretionary Acts if Not Abused. It 
is a general rule that courts will not revise the exercise of discretionary authority 
by a public officer, for as long as he acts in good faith and within the general 
scope of his authority, he is not subject to judicial control. — Tufts v. State, 119 
Ind. 232; Weaver v. Templin, 113 Ind. 298; Leeds i). City of Richmond, 102 Ind. 
372; City of Kokomo v. Mahan, 100 Ind. 242; Mayor, etc., ■;;. Roberts, 34 
Ind. 471. 

27. Students Must Submit to Necessary Rules. A student is required 
to submit to any proper rule necessary for the good government of the school. — 
State V. White, 82 Ind. 278. 

28. Conspiracy to Defraud Invalidates Township Orders, and Actual 
Value of Goods Can Not Be Obtained. The certificate upon which the 
action was predicated originated in an unlawful and corrupt conspiracy to de- 
fraud a public corporation. An agreement or conspiracy between two persons 
which has for its object the perpetration of a fraud or civil injury upon another, 
is illegal; and any agreement to carry out or consummate a scheme which in- 
volves a breach of trust, or official duty, is unlawful and void. And the actual 
value of the goods furnished the township can not be recovered. — Kittenger v. 
Monroe School Tp., 3 Ind. App. 411; Boyd v. Mill Creek School Tp., 124 Ind. 
193. 

29. Delivery and Acceptance of Supplies. The delivery of the goods to 
a railroad company by the vendor is not such a delivery as is required to make 
the school township liable upon a contract which its Trustee had no authority to 
make. In such a case liability is based upon the actual acceptance and appro- 
priation of the goods.— Boyd v. Mill Creek School Tp., 114 Ind. 210. But this 
case has been modified by Boyd v. Mill Creek School Tp., 124 Ind. 193, and Kit- 
tenger V. Monroe School Tp., 3 Ind. App. 411, where fraud appears. See also 127 
Ind. 81. 

30. Mechanic's Lien Against Public Policy. A mechanic's lien for work 
done, or materials furnished, in the erection of a public school house, can not be 
acijuired or enforced. It is against public policy. — Fatout v. Board, 102 Ind. 
223. 

31. Petition for School House. Any portion of the inhabitants of a 
township may jjetition the Trustee for the location of an additional school dis- 
trict, or the erection of a school house, and if their petition be refused they may 
appeal to the County Superintendent, and if he reverse the decision of the 
Trustee, it will be the duty of the latter to grant the prayer of said petition, and 
if he still refuse he may be compelled to do so by mandate. — Trager v. State, 21 
Ind. 317. But see notes 34 and 2P. 

32. Township Must Own or Lease School Premises. A School Trustee 
has no lawful authority to provide furniture for a room for school purposes, or 
employ teachers for services therein, unless such room is owned or leased by the 
school township; and even if the County Superintendent, on appeal, direct him 
to do so, he may properly disobey tlie order, and mandate will not lie to COmpe! 
him to obey it. — States. Sherman, 90 Ind. 123, 



122 " SCHOOL LAA¥ OF INDIANA. 

[1873, p. 68. Approved and in force March 8, 1873.] 

95. Superintendent in cities and towns. 12. The Scliool 
Trustees of incorporated towns and cities shall have power to 
employ a Superintendent for their schools (whose salary shall 
he paid from the special school revenue), and to prescribe his 
duties, and to direct in the discharge of the same. (R. S. 1881, 
§4445; li. S. 1894, § 5924; R. S. 1897, §6145.) 

1. Compensation. In case a person is employed to superintend part of the 
time and teach part of the time, he can be paid for the services he renders as 
Superintendent out of the special revenue, and for the services he renders as 
teacher out of the tuition revenue. If paid anything from the latter, he must 
possess a valid license. 

96. Joint graded schools. 13. The School Trustees of 
two or more distinct municipal corporations for school purposes 
shall have power to establish joint graded schools, or such modi- 
hcations of them as may he practicable, and provide for admit- 
ting into the higher departments of their graded schools, from 
the primary schools of their corporations, such pupils as are 
sufficiently advanced for such admission. Said Trustees shall 
have the care and management of such graded schools, and 
they shall select the teachers therefor. They shall have power 
to purchase suitable grounds for such graded schools, and erect 
suitable buildings thereon ; and the title to all such property, 
acquired for such purposes, shall vest jointly in the corporations 
establishing the graded schools. (R. S. 1881, § 4446 ; R. S. 1894, 
§ 5925 ; R. S. 1897, § 6146.) 

1. Management and Supervision. A joint graded school, as to its man- 
agement and teachers, is subject to the same laws, rules and regulations as town- 
ship graded schools [§94], except that it is under the joint management of the 
School Trustees of both corporations. But the teachers should attend the institutes 
of tlie county and township in which the school is situated, and should be under 
the supervision of the Superintendent of that county. 

2. Purchase of Property. The two corporations may purchase jointly 
real estate ; and the Trustees are the sole judges of the right to ijurchase property 
of this character.— Craig vSchool Tp. v. Scott, 124 Ind. 72. 

3. Management op Joint Graded Schools. The Trustees act as individual 
Trustees, and do not as a unit represent their respective corporations. A majority 
of the whole Board of Trustees, whether such majority come from one corporation 
entirely, or from the different corporations interested, have the power to transact 
any and all business, including the employment of teachers relating to such joint 
graded school. — Hanover School Tp. v. Gant, 125 Ind. 557. 



SCHOOL LAW OF INDIANA. 123 

[1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.] 

97. Bdndergartens. 1. In addition to other grades or de- 
partments now establi.shed in the common schools of the State, 
the Board of Trustees of any incorporated town or city are 
hereby empowered by law to establish, in connection with the 
common schools of such incorporated town or city, a kinder- 
garten or kindergartens for the instruction of children between 
the ages of four and six, to be paid for in the same manner as 
other grades and departments now established in the common 
schools of such incorporated town or city : Provided, however. 
That no money accruing to such incorporated town or city from 
the "school revenue for tuition fund" of the State shall be used 
to defray the tuition and other expenses of such kindergarten ; 
but the same may be defrayed from the local tax for tuition and 
the special school revenue of said incorporated town or city. 
(R. S. 1894, § 5921 ; R'. S. 1897, § 6139.) 

[1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 

98. Night Schools. 1. In all cities having a population of 
three thousand, or more, according to the census of 1880, the 
school trustees of such cities shall keep and maintain a night 
school, between the hours of seven and nine and a half o'clock 
p. M., during the regular school terms as a part of the systems 
of common schools whenever twenty or more inhabitants of such 
city, having children between the ages of fourteen and twenty- 
one years of age, or persons over the age of twenty-one years 
of age, and who, by reason of their circumstances, are compelled 
to be employed, or have their children employed during the 
school days to aid in the support of such families, who desire to 
and who shall attend such school, shall petition such School 
Trustee so to do. (R. S. 1894, § 5922 ; R. S. 1897, § 6140.) 

99. Age of Pupils. 2. All persons between the ages of 
fourteen and thirty, who are actually engaged in business or at 
labor during the day, shall be permitted to attend such school. 
(R. S. 1894,' § 5923 ; R. S. 1897, § 6141.) 

[1879, S. p. 95. Approved March 31, 1879; and in force May 31, 1879.] 

100. Sui-plus special school revenue. 1. It shall be the 
duty of the Board of School Trustees of any city or incorpor- 
ated town in this State to pay over to the Common Council or 



124 SCHOOL LAW OF INDIANA. 

Board of Trustees of sucli city or town any surplus special 
school revenue in the hands of such School Trustees, not neces- 
sary to meet current expenses; such excess of the revenue 
aforesaid to be applied for the payment of the interest or prin- 
cipal, or both, of any indebtedness incurred under the pro- 
visions of the act of March 8, 1873, authorizing cities and in- 
corporated towns to negotiate and sell bonds to procure means 
to erect and complete unfinished school buildings, and to pur- 
chase any ground and building for school purposes, and to pay 
debts contracted for the erection and purchase of buildings and 
grounds. (R. S. 1881, §4447; R. S. 1894, §5926; R. S. 1897, 
§ 6147.) 

1. Payment for School House. A city can not pay for a sclaool house out 
of its general fund. Such payment must be made out of a fund especially levied 
for that purpose. — Nill v. Jenkinson, 15 Ind. 425. 

[1877, p. IS. Approved and in force March 3, 1877.] 

101. Things legalized. 2. "Where the excess of special 
scliool revenue not necessary to meet the current demand upon 
such revenue shall have been, prior to the passage of this act, 
loaned, paid over, or applied, as provided in the preceding sec- 
tion, such loan, payment or application of such moneys is 
hereb}'' legalized and made valid, as fully and completely as if 
this act had been in full force and effect at the time such trans- 
action took place. (R. S. 1881, §4448; R. S. 1894, §5927; R. 
S. 1897, § 6148.) 

[18(55, p. 3. Approved and in force March 6, 1865.] 

102. Teacher's reports. 20. To enable the Trustees to 
make reports which are required of them by this act, the 
teacher of each school, whether in township, town or city, 
shall, at the expiration of the term of the school for which 
such teacher shall have been employed, furnish a complete 
report to the proper Trustee, verified by affidavit, showing the 
length of the scliool term, in days; the number of teachers 
employed, male and female, and their daily compensation ; the 
number of pupils admitted during the term, distinguishing be- 
tween males and females, and between the ages of six and 
twenty-one years ; the average attendance ; books used and 
bra)iches taught, and the number of pupils engaged in the study 



SCHOOL LAW OF INDIANA. 125 

of each braiicli. Until such report shall have been so filed, 
such Trustee shall not pay more than seventy-five per centum 
of tlie wages of such teacher, for his or her services. (R. S. 
1881, §4449; R. S. 1894, §5928; R. S. 1897, § 6149.) 

1. Teacher Excused, When. If the school authorities fail to furnish a 
building in which to teach the school, or refuse to furnish a school to be taught, 
or wrongfully discharge the teacher, such teacher is excused from making a 
ropo-rt. — Charlestown School Township v. Hay, 74 Ind. 127. 

2. Suit. It is a part of a teacher's contract that he will make a report, and 
until he does so he can not recover more than three-fourths of his wages, unless 
tlie Trustee has waived the report ; and the burden is on the teacher to show 
either that he made the report or it was waived, if he desires to recover the full 
amount of his earnings. — Owen School Township v. Hay, 107 Ind. 351. 

[1883, p. 118. Approved and in force March 6, 1883.] 

103. Trustees' reports. 21. The Trustees of each town- 
ship, town or city, shall, annually, on the first Monday of 
August, make their report for the school year ending on the 
31st day of July, and furnish to the County Superintendent 
the statistical information obtained from teachers of the schools 
of their respective townships, towns, or cities, and embody in a 
tabular form the following additional items : The number of 
districts ; schools taught, and their grades ; teachers, males and 
females ; average compensation of each grade ; balance of tui- 
tion revenue on hand at the commencement of the current 
year ; amount received during the year from the County Treas- 
urer, and amount expended within the year for tuition ; and 
balance on hand ; length of school taught within the year, in 
days ; school houses erected during the year ; the cost of the 
same; the number and kind before erected, and the estimated 
value thereof, and of all other school property ; number of vol- 
umes in the library, and the number taken out during the year 
ending the 31st day of July ; also the number of voluriies added 
thereto ; assessment on each one hundred dollars of taxable 
property, and on each poll of special tax for school house erec- 
tion, and amount of such levy ; balance of special school reve- 
nue on hand at the commencement of the current year; amount 
received during the year from the County Treasurer ; the amount 
of said revenue expended during the year, and balance on hand ; 
the number of acres of unsold congressional school lands, the 
value thereof, and the income therefrom; together with such 



120 SCltooL Law op INDIANA. 

other information as may be called for by tlie County Snperin- 
tendent and the Superintendent of Public Instruction. (R. So 
1881, § 4450; R. S. 1894, § 5029; R. S. 1897, § 0150.) 

[18(10, p. 3. Apiu-ovod and in force March C, 1865.] 

104. Failure to report. -2. On failure of any Trustee to 
make either the statistical report required by the last preceding 
section, or the report of the enumeration required by the six- 
teenth section of this act [§ 4473], or the report of finances 
required by the seventh section of this act [§ 4441], to the 
County Superintendent, at the time, and in the manner specilied 
for each of said reports, the County Superintendent to whom 
such reports are due shall, within one week of the time the next 
semi-annual apportionment is to be made by the Auditor of the 
county, notify said Auditor, in writing, of any such failure; 
and the Anditor shall iliniinish the apportionment of said town- 
ship), town or city by the sum of twenty-tive dollars, and with- 
hold from the delinquent Trustee the warrant for the mone}'' 
apjHU-tioned to his township, town or city, until such delinquent 
re}»ort is dnly made and tiled. For said twenty -live dollars, and 
any additional damages which the township, town or city may 
sustain, by reason of stopping said money, such Trustee sliall 
be liable on his bond, for which the County Commissioners may 
sne. (R. S. 1881, § 4451 : R. S. 1894, § 5930 ; R. S. 1897, § 6151.) 

105. Neglecting duties. 23. If a Trustee shall fail to 
discharge any of the duties of his office relative to the schools, 
any person may maintain an action against him for every such 
otiense, in the name of the State of Indiana, and may recover, 
for the use of the common school fund, any sum not exceeding 
ten dollars; which sum. when collected, shall be paid into the 
county treasni'v, and added by the County Auditor to said 
fund, "and reported accordingly. (R. S. 1881,' § 4452 ; R. S. 1894, 
§ 5931 ; R. S. 1897, ^6152.) 

106. Failing to serve. 24. Any person elected or appointed 
such Trustee, who shall tail to qualify and serve as sucli, shall 
pay the sum of live dollars, to be recovered as specilied in the 
preceding section for the use therein named, and in like manner 
added to said fnnd, unless such person shall have previously 
served as such Trustee. (R. S. 1881, § 4453 ; R. S. 1894, § 5932 ; 
R. S. 1897, § G153.) 



SCHOOL LA^y op Indiana. 



127 



107. Trustee's accounts. 141. The books, papers and 
accounts of any Trustee, relative to schools, shall at all times 
he subject to the inspection of the County Superintendent, the 
County Auditor, and the Board of County Commissioners of 
the proper county. (R. S. 1881, § 4454; R. S. 1894, § 5933; 
E. S. 1897, § 6154.) 

108. Examination of Trustee and his books. 142. For 
the purpose of such inspection, such County Superintendent, 
Auditor, and Board of County Commissioners may, by subpoena, 
summon before them any Trustee, and require the production 
of such books, papers and accounts, three days' notice of the time 
to appear and produce them being given. (R. S. 1881, § 4455; 
R. S. 1894, § 5934; R. S. 1897, § 6155.) 

109. Correction of accounts — Removal. 143. If any such 
books and accounts have been imperfectly kept, said Board of 
Commissioners may correct them, and, if fraud appear, shall re- 
move the person guilty thereof. (R. S. 1881, § 4456 ; R. S. 1894, 
§5935; R. S. 1897, §6156.) 

1. Inspection. The County Commissioners may inspect a Trustee's books 
to see if money paid out has been paid out according to law ; and if fraud ap- 
pears, to refuse to allow him credit for it, but otherwise they can not refuse to 
allow his claims. — See Bicknell v. Widner School Township, 73 Ind. 501. 



CHAPTER VIII. 



TAXATION. 



Sec. 

no. State tax. 

111. Uniform tax. 

112. Special tax. 

113. A.sse.ssment and follcction. 



Sec. 

114. Local tax for tuition. 

115. Local tax, how applied, 
llfi. Special tax to pay debts. 

117. Tax to complete town school house and 
to support town schools. 



L1895, p. 299. Approved and in force March 11, 1895.] 

110. state tax. 3. There shall be in the year 1895, and 
annually thereafter, assessed and collected, as other taxes are 
assessed and collected, the sum of eleven cents on each one 
hundred dollars' worth of taxable property, and fifty cents on 



128 SCHOOL LAW OF INDIANA. 

each taxable poll in the State, which money, when collected, 
shall be paid into the School Revenue for Tuition Fund in the 
State Treasury, and shall be apportioned to the several counties 
of the State in the manner now provided by law. (R. S. 1897, 
§ 6167.) 

1. An act of 1873 (p. 216) legalized tax levies for tuition made by School 
Trustees of cities prior to January 21, 1875. 

[1869, S. p. 41. Approved and in force May 13, 1869.1 

111. Uniform tax. 1. In assessing and collecting taxes for 
school purposes under existing laws, all property, real and per- 
sonal, subject to taxation for State and county purposes, shall 
be taxed for the support of common schools, without regard to 
the race or color of the owner of the property. (R. S. 1881, 
§ 4466 ; R. S. 1894, § 5952 ; R. S. 1897, § 6168.) 

[1873, p. 68. Approved and in force March 8, 1873.J 

112. Special tax. 12. The Trustees of the several town- 
ships, towns and cities shall have the power to levy a special 
tax, in their respective townships, towns or cities, for the con- 
struction, renting, or repairing of school houses, for providing 
furniture, school apparatus, and fuel therefor, and for the pay- 
ment of other necessary expenses of the school, except tuition ; 
but no tax shall exceed the sum of fifty cents on each one hun- 
dred dollars' worth of taxable property and one dollar on each 
poll, in any one year, and the income from said tax shall be 
denominated the special school revenue. Any taxpayer who 
may choose to pay to the Treasurer of the township, town or 
city wherein said taxpayer has property liable to taxation, any 
amount of mone}'-, or furnish building material for the construc- 
tion of school houses, or furniture or fuel therefor, shall be 
entitled to a receipt therefor from the Trustee of said township, 
town or city, which shall exempt such taxpayer from any 
further taxes for said purposes, until the taxes of said taxpayer, 
levied for such purposes, would, if not thus paid, amount to the 
sum or value of the materials so furnished or amount so paid : 
Provided^ That said building materials, or furniture and fuel, 
shall be received at the option of said Trustee. (R. S. 1881, 
§ 4467; R. S. 1894, § 5953; R. S. 1897, § 6169.) 



SCHOOL LAW OP INDIANA, 129 

1. This Section Constitutional. This question is decided in Eose v. Bath 
Tp., 10 Ind. 18, and several other cases. 

The school corporations of the State can not be authorized by statute to estab- 
lish and maintain schools separate and apart from the common school system of 
the State. Such a statute is unconstitutionah But they are not prohibited from 
aiding those common schools established under the supervision of the State, by 
levying a special tax. — Lafayette v. Jenners, 10 Ind. 70; Greencastle Tp. v. Black, 
5 Ind. 557. 

2. Who Levies. There can be no doubt but that the special tax authorized 
by this section is to be levied by the Trustee of the school township or by the 
School Trustees of cities and towns. 

The approval of the Board of County Commissioners of the levy made by the 
Township Trustee under this section is unnecessary ; and mandamus lies to compel 
the Auditor to place such tax on the duplicate, even when no such approval has 
been made. — Cole v. State, 131 Ind. 591. No one can levy the tax for the Town- 
ship Trustee if he fail to levy it. — Shepardson v. Gillette, 133 Ind. 125. 

3. Commissioners Have No Control. By the above section the Legislature 
amended the act of 1865, giving Trustees the absolute right to levy a special tax 
by increasing the amount from twenty-five cents to fifty cents, and reaffirming the 
former law, otherwise in the very words of it. This clearly removes all authority 
of Commissioners over the Trustees in making their special school levies. 

4. Bank Stock. Shares of bank stock in a national bank are liable to the 
special tax authorized by this section. — Daniels v. Strader, 39 Ind. 63; Root v. 
Erdelmeyer, 37 Ind. 225, affirming 1 Wilson, 99. 

5. Who Levies and Collects. The School Trustee of a school township 
levies the special tax authorized by this section; the County Auditor extends it 
on the tax duplicate, and the County Treasurer collects it. 

6. Constitutional Limit of Debt. Where the indebtedness of a city or 
town has reached the constitutional limit of two per cent, it may contract for and 
erect school houses, the cost of which to be paid in such installments as will fall 
within the annual income from the special school tax levy. 

7. Board of School Trustees of City Has Power to Make Levy Inde- 
pendent OF Commissioners — Duty of Auditor to Make and Extend the 
Assessment. A Board of School Trustees, for the purpose of creating a special 
school I'evenue in accordance with the above section, levied a special school tax 
of 40 cents on each $100 of taxable property in the city, and 50 cents on each 
poll. The special levy was duly certified to the Auditor of the county with the 
request that he make the proper assessment of the special school tax as levied by 
the Board of Trustees, and extend the same upon the tax duplicate ; but the 
Auditor, under the direction of the Board of Commissioners, failed and refused 
to extend the assessment on the tax duplicate, and modified the levy made by the 
Board of School Trustees. It was decided that the section authorized a Board of 
School Trustees of a city to levy the tax independently of the Board of Commis- 
sioners, and when made it is the duty of the Auditor to make the assessment and 
extend the same on the tax duplicate. — Wood v. School City of Tipton, 132 Ind. 
206. 

8. General Laws — Uniform System of Schools. A system that secures to 
all the various subdivisions of the State equal and uniform rights and privileges, 
leaving only to tlie local authorities the right, under the law, to govern the local 

9 — ScH. Law. 



130 SCHOOL LAW OF INDIANA. 

school affairs, is a general and uniform system, and a law providing such a system 
is a general law within the meaning of the Constitution. — Eobinson v. Schenck, 
102 Ind. 307. 

[1865, p. 3. Approved and in force March 6, 1865.] 

113. Assessment and collection. 13. The County Auditor 
shall, upon the property and polls liable to taxation for State 
and county purposes, make the proper assessments of special 
school tax levied by the Trustee, in the same manner as for 
State and county revenue, and shall set down the amount of 
said tax on his tax-list and duplicate thereof, as other taxes are 
set down, in appropriate columns; and he shall extend said 
assessment to the taxable property of the person transferred, 
which is situate in the township, town or city to which the 
transfer is made, and to the property and poll of the person 
transferred, situate in the township, town or city in which the 
person taxed resides, according to the rate and levy thereof in 
the township, town or city to which the transfer is made, and 
for its use; and said tax shall be collected by the County 
Treasurer as other taxes are collected, and shall be paid, when 
collected, to the Treasurer for school purposes of the proper 
township, town or city, upon the warrant of the County Auditor. 
To enable County Auditors correctly to assess said tax, the 
County Superintendents of the several counties shall, at the 
time they make out and report to the Auditor the basis of 
the apportionment of school revenue for tuition, as is required 
by section 4432 [§ 92], make out and report to said Auditor a 
statement of transfers which have been made for school pur- 
poses according to sections 4472 [§ 92 and § 93] and 4473. (R. S. 
1881, §4468; E. S. 1894, §5954; R. S. 1897, § 6170.) 

1. Levy of Taxes on Person Transeereed. It is the duty of the Auditor 
to extend the school tax to all persons transferred to the township, town or city, 
and such tax is imposed upon all the property of such person situated in the 
township, town or city to which he is transferred, as well as to all his property 
situated in the township, town or city from which he is transferred.— Johns v. 
State, 130 Ind. 522. 

[1895, p. 153. Approved and in force March 7, 1895.] 

114. Local tax for tuition. 1. The School Trustees of 
the several townships, towns and cities shall have power to 
levy annually a tax not exceeding thirty-five cents on each one 
hundred dollars of taxable property, and twenty-five cents on 



SCHOOL LAW OF INDIANA. 131 

each taxable poll, wliich tax shall he assessed and collected as 
the taxes of State and county revenues are assessed and col- 
lected, and the revenues arising from such tax levy shall consti- 
tute a supplementary tuition fund, to extend the terms of school 
in said townships, towns and cities after the tuition funds ap- 
portioned to such tow^nships, towns and cities from the State 
tuition revenue shall have been exhausted : Provided, hoivever, 
That should there be remaining in the tuition fund of any 
township, town or city levying such tax at the close of any 
school year any unexpended balance of such supplementary 
tuition fund assessed and collected for use in such school year, 
or previous year, equal to or exceeding in amount one cent 
upon each one hundred dollars of taxable property in said 
township, town or city, then it shall be the duty of the County 
Auditor to take notice of the same, at the time when the 
Trustee or Trustees of such school corporation shall make the 
annual levy for such tax such Trustee or Trustees shall make, 
under oath, an estimate of the amount of supplementary tuition 
fund that will be required to meet the actual expenses of the 
schools for the next school year, and from such estimate said 
Auditor shall deduct the unexpended balance of such fund in 
such Trustee or Trustees' hands on the first Monday of July, 
and the said Trustee or Trustees shall make a levy not larger 
than shall be sufhcient to produce a sujiplementary revenue 
equal to the amount remaining of such SAVorn estimate after 
such unexpended balance shall have been deducted therefrom. 
(R. S. 1897, § 6171.) 

1. Who Makes Levy. The levy is made by the School Trustees of cities and 
towns, and by the Township Trustees of townships. 

2. Constitutional. The tax authorized by this section is valid, the section 
being constitutional. — Robinson v. Schenck, 102 Ind. 307; Shepardson v. Gillette, 
133 Ind. 125. 

115. Local tax, how applied. 2, The funds arising from 
such tax shall be under the charge and control of the same offi- 
cers, secured by the same guarantees, subject to the same rules 
and regulations, and applied and expended in the same manner 
as funds arising from taxation for common school purposes by 
the laws of this State : Provided, That the funds assessed and 
collected in any school township, school town or school city 



132 SCHOOL LAW OP INDIANA. 

sliall be applied and expended in the same scliool township, 
town or city in which such funds shall have been assessed 
and collected. (R. S. 1897, § 6172.) 

1. Anticipating. This revenue is not forbidden to be anticipated, as is the 
State's tuition revenue. — Harney v. Wooden, 30 Ind. 178. 

2. Tax on Persons Tkansfeered — Eeport. Tax received by the Township 
Trustee from the County Treasurer which has been collected by him from persons 
transferred to such township must be applied to the tuition fund of such township. 

[1871, p. 209. Approved and in force March'.ll, 1871.] 

116. Special tax to pay debts. 1. In all cases where any 
Township Trustee may have heretofore made and contracted 
debts against any township in the construction, repairing or 
completion of school houses, or in providing furniture or school 
apparatus therefor, and the special school revenue tax, as pro- 
vided for in section 4467, shall be insufficient to satisfy, pay and 
liquidate debts so made and contracted by such Trustee, then, 
and in that case, it shall be lawful and such Township Trustee 
is hereby authorized to levy an additional tax of not exceeding 
twenty -five cents on each one hundred dollars' worth of taxa- 
ble property, in any one year, to the amount now authorized to 
be levied under said section, for the purpose of paying, satisfy- 
ing and liquidating the debts made and contracted by said 
Trustee for the purposes aforesaid ; and it shall be lawful and 
said Trustee is hereby authorized to make said levy for each 
and every year after the passage of this act, until said debts, 
made and contracted as aforesaid for the purposes aforesaid, 
shall be fully paid, satisfied and liquidated : Provided, That 
nothing in this act shall be construed to alter, change, modify, 
repeal or in any way conflict with section 4467 : Provided, further, 
That such additional levy shall only be made after the legal 
voters of the township to be afiected thereby shall have de- 
clared in favor thereof. (R. S. 1881, § 4471 ; R. S. 1894, § 5957 ; 
R. S. 1897, § 6173.) 

1. Mandate. It is the duty of the Trustee of a township to apply the tuition 
funds of the township, when received, to the payment of its indebtedness for 
tuition, and the performance of such duty may be enforced by mandate. — State v. 
Cooprider, 96 Ind. 279. 



SCHOOL LAW OF INDIANA. 133 

[18&5, p. 171. Approved and in force April 10, 1885.] 

117. Tax to complete town school houses and to support 
town schools. Seventeenth. Such Board of Trustees shall 
have power to complete school houses now in progress of erec- 
tion, and provide for the payment of the same ; to erect or pro- 
vide such scliool houses as may be necessary for the use of 
schools of the town, to keep them in repair, and to provide fuel 
and other necessaries therefor. 

Nineteenth. The said Board of Trustees shall have power to 
levy and collect annual taxes iiot exceeding thirty cents on the 
one hundred dollars valuation on all property subject by law to 
taxation, for the support of town schools within their said cor- 
poration. (E. S. 1894, § 4357 ;. R. S. 1897, § 4462.) 

1 . Statute Valid. This statute has been declared valid in Shepardson v. 
Gillette, 133 Ind. 125. 



CHAPTER IX. 

ENUMERATION. 



Sec. 

118. Trustee to take — His duties — Who 

enumerated, 
IT.t. Tran.^fcv. 
120. Transfer to adjoining county. 



Sec. 

121. Enumeration, where filed — Retaking. 

122. Township in two or more counties- 

Report. 



[1895, p. 127. Approved and in force March 5, 1895.] 

118. Trustee to take — His duties — Who enumerated. 14. 

The School Trustees of the several townships, towns and cities 
shall take or cause to be taken, between the tenth day of April 
and the thirtieth day of the same month, each year, an enu- 
meration of all unmarried persons between the ages of six 
and twenty-one years resident within the respective townships, 
towns and cities. 

Each person required or employed to take such enumeration 
shall take an oath or affirmation to take the same accurately 
and truly to the best of his skill and ability. Such oath or 
aflirmation shall be made a matter of record and kept on file in 
the office of the School Trustee, 



134 SCHOOL LAW 01'' INDIANA. 

Ill iiiakiiiij; tlio said cnnineration, the Trustee, or person so 
eiiii)l()3'e(l, shall (listiiii>-uisli l)etweeu the wliito and colored 
children, ennnieratini;- them in separate lists, and sliall list the 
names of parents, o-unrdians, heads of families, or persons hav- 
iiii!,- charge of such child ov children, niale or female, shall list 
the full nanio and give the sex and age of each child so enu- 
merated, shall secure the signature of either parent, guardian, 
head of I'amily, or })erson having charge of such child or 
children, certifying to the correctness of the same, or if this is 
impossihle, sliall secure the signature of some responsihle person 
who can certify to the correctness of said list; and he shall give 
the nmnher of the school district to which such parent, guardian, 
head of family or person having charge of such child or children 
is attached for school purposes, and the nund)er and initials 
wlTu'li designate the congressional township in which such })ar- 
ent, guai'dian, head of family or person having charge of such 
child or children resides. In cities the said enumerator shall 
give, in addition to the ahove enumerated items, the street and 
nund)er of the residence of such person. lie shall include in 
such list all unmarried persons bctAveen the ages of six and 
twciih-one vcars, whose parents, guardians, heads of families or 
persons having charge of such child or children, shall have been 
ti'ansferi'cd to his township, town or city for school purposes; 
and he shall exclude from such list all persons "whose parents, 
guardians, heads o( tamiru>s or persons having charge of such 
child or children shall have been transt'erred from liis township, 
town or city for school pnr})oses. lie shall not include in such 
list any persons residing tcMUporarily in his toAvhshi}), town or 
city for the purpose of attending school, or who are mend)ers 
of a family staying tem[)orarily in his toAvnship, town or city, 
hut whose actual residence is elsewhere. lie sliall include in 
his list such unmarried persons between six and twenty-one 
years of age as are deiiendent upon themselves and not under 
charge of parents, guardian or heads of families, and shall so 
designate such ])ersons in a separate list, giving in cities the 
sti'cet and number o\' the residence of such persons. lie shall 
enumerate no one who is not reported to him personally, and 
properly certitied to as herein provided, except in cases of minors 
wdio are dependent njion no one. and not innuites of any fiimily 
who may be reported as herein provided for: Proi'idcd, That 



SCHOOL LAW OF INDIANA. 135 

if liny parent, guardian, liead of family or person having charge 
of any child, shall he absent, the enumerator shall ascertain the 
facts required from other reliable sources, and sign his own 
name to the certificate herein required; and in case any parent, 
guai-dian, head of family or person having charge of any child 
entitled to school privileges shall refuse to report to the enumer- 
ator any facts herein required, necessary to a full and accurate- 
en unuu'ation, he shall be deemed guilty of a misdemeanor and 
upon conviction shall be fined not less than one nor more than 
ten dollars. Each person required or employed to take the 
enumeration as provided for in this act, shall, when making 
returns of said enumeration to the proper officers, make affidavit 
or aflirination that he has taken and returned the enumeration 
in accordance with the provisions of this act, to the best of his 
knowledge and Ijelief, and that such list contains the names 
of all persons entitled to be enumerated, and no others. Tlie 
officer to whom such return is required to be made may take 
and shall certify such affidavit or affirmation, and shall keep in 
his office such affidavit or affirmation and such report and list 
of names ; and each person so taking and returning the enu- 
meration shall be allowed by the Township School Trustee, or 
the School Trustees of incorporated towns and cities, reasonable 
compensation per diem for his services, to be paid out of the 
s[)ccial school fund of such township, town or city. Any person 
appointed as enumerator, or any officer through whose hands 
the enumeration required by this act shall pass, who shall 
knowingly enumerate persons not entitled to be enumerated, or 
who shall in any manner add to or take from the number 
actually enumerated, shall be deemed guilty of a misdemeanor, 
and, upon conviction of such oflfense, shall be fined in any sum 
not less than five nor more than one hundred dollars, or impris- 
omnent in the county jail not less than ten nor more than thirty 
days, at the discretion of the court. (R. S. 1897, § 6174.) 

1. Who May be Enumerated. Only persons between the ages of 6 and 21 
years are entitled to be enumerated, and to have the benefits of the common 
schools. — Drapers. Cambridge, 20 Ind. 268. A minor attains to 21 years of age 
on the day preceding the twenty-first anniversary of his birth. — Wells v. Wells, 6 
liul. 447. 

2. Residence. The legal domicile and residence of a minor, not emanci- 
patL'd, is that of his parents. Parents residing in another State can not send their 



|;;(; simiool law of inuiana. 

fliililii'ii iiilo tliiH Sliilc for till" i)iifi)()sc ol" procuring an ctlncatiun, and onablo 
tlicm lo a((|uirc siicli a ri'sidcnce lioro m will entitle tlu'tn to admission into the 
roninion si'luiois uf tliis Slalc, unless tlio circunistances arc siicii as will create a 
boiin Jhlr legal rcsidcnci' Ik re VVIu'cU'r r. IWirrow, IS Ind. 11. 

;>. NoN-RKSiDKN'i' S'ruDMN'rs. Persons residing temporarily within a corpo- 
ration, lor the pnr])oso of studying at u school or college there located, do not 
aci|uire a legal residence therein. 

I. Ciioic'io OK OlSTlfU'T^. A person may bi^ detaclied from one district and 
•allaclieil (o iinollicr al any time during tiie year, with the consent of tiie Trustee, 
upon presentaliou to him of a suitable reason therefor; but a person whose seluxd 
privileges have been aU'ected by his renu)val, or by the relocation of a school 
l\ouse, has the right at the next enunn'ralion to choose a district in the township 
to which he will be attacued. 

Tlu* distinction must be observed between a transfer and an attachment to a 
district, the former being a change from one corporation to another, the latter 
froM\ one district to anotiicr in the same corporation. 

."■). I'lKUCK ov S('mH>i>< IN (^ITIKW ANi> TowNS. There is no i)rovision in the 
law, that we are aware of, authorizing parents or guardians to deterniine to which 
one of the schools ihey will send their ciiildri-n in towns and cities. These mat- 
ters iirc managed, we believe, by the Trustees exclusively, in towns and cities, 
who, doubtless, to some extent, I'onsnit the wishes of the inliabitants, having in 
view lhi> grade of the school whieli it is proju'r that any given pupil should at- 
tend, the convenicnco of i)arents and the snrrouuiling circumstances. — City of 
t'rawfordsville r. Hays, 42 Ind. 'JOT. 

(). PKiviM'UiKs OK Ckrtain Ciiu.nuKN. Tiic School Trustees are required to 
"'make an ennnieration of the children, white and colored, within their respective 
townships, towns and cities," and to '' list the names of parents, guardians or heads 
of families, male and female, having charge of such children." The law in this 
scv'tion recognizes three distinct relations in which the person having charge of a 
child mav stand to the child, viz., parent, guardian and beail of a family. The 
term "heads of fan\ilies" must refer to a ri-latioi\ not inehuhHl in the terms 
" pai'cnts" and "guardians." It is intended to e(>ver eases where a persc>u has 
ehildren of school age in his home and under his protection, whether as em[>loyes 
or as members of his family, though withi)ut fornial adoption or legal guardian- 
ship. Hut there are other eases which the provisiim of the statute as to listing 
names does not include, but which n\ust be provided for under the requirement 
for enumerating the ehildren within the several corporations. The domicile of a 
minor is with his parent or guardian, and in theory every minor is supposed to have 
a gnanlian. Hut, in fact, many arc eiuupletely .wi Jwr/.s, independent of parental 
I'ontiol or support, ami living l>y their own labor. The homes of such, for the 
purp;>ses of this secti<m, must be the places where they are employed or stay with- 
out any imn\ediate intcntioi\ of departing therefrom. No one can be said to have 
charge of them, they do not live at the homes of their employers, and are not under 
their protei-tioti as heads of families. They are none the less entitled to school 
])rivileges under what our Ct>nstitution requires to be a '"general and uniform 
svstem of i-ou>u\on schools, wherein tuition shall be without eharg-e, and equally 
open to all." 

The Snpreme Court ivmarks, incidentally, in Johnson r. Smith, 04 Ind. 27">: 
"The theory of these statutory provisions is, that each and every child of the proper 



SCHOOL LAW OF INDIANA. 137 

age, without regard to race or color, within the limits of this State, is entitled of 
right, and without charge for tuition, to the benefits of such an education as may 
he obtained in and by our common schools." 

All persons between the ages of six and twenty-one years are entitled to school 
privileges, and may be enumerated in the school corporations in which they, in 
good faith, have their home — understanding home in the general sense, not in the 
teclinical sense of legal domicile. Those who are in any way in charge of a resi- 
dent head of a family should be so enumerated; those who can not be so assigned 
may be enumerated as without guardian. In acting under this interpretation 
Trustees should guard against imposition, by finding out whether the case can be 
brought under the law of transfer (?? 119 and 120); and, if not, whether the child 
is dependent upon himself for support, or upon the person with whom he lives. 
In either case he should be admitted to the schools. But children can not legally 
be maintained and sent to school by parents or guardians in corporations other 
than those in which they themselves reside, nor can a minor become a resident of 
a school corporation merely to acquire an education therein. 

7. CohOKED Children. The Township Trustee will not be compelled by 
the courts to make a separate list of colored children, unless a separate school for 
tlieni is practicable. — State v. Grubb, 85 Ind. 21.3. 

<S. Mandate — Plkadings. In an application for a mandate to enforce the 
admission of a person to a common school, the complaint should affirmatively 
show that the applicant is under twenty-one and not under six years of age, and 
unmarried, or such complaint will be bad on demurrer. — Draper v. Cambridge, 
20 Ind. 268. 

[1865, p. 3. Approved and in force March 6, 1865.] 

119. Transfer. 16. When persons can be better accommo- 
di.ted at the scliool of an adjoining township, or of any incor- 
[>orated town or city, the Trustee of the town or city in which 
such persons reside shall, if such person so request, at the time 
of making the enumeration, transfer them for educational pur- 
poses, to such township, town or city, and notify the Trustee of 
sucli transfer ; which notice shall furnish the enumeration of the 
children of the persons so transferred. Each Trustee shall, with 
his report of the enumeration, report distinctly the persons 
transferred to his township, town or city for school purposes; 
indicating in said report the number of children in charge of 
the persons transferred, with the same particularity that is ob- 
served in the enumeration. (R. S. 1881, § 4473; R. S. 1894, 
§ 5959; R. S. 1897, § 6175.) 

1. Annual Transfer. — Transfers must be made every year; a transfer for 
one year is not valid for the next year. — 143 Ind. 84. 

2. The Right of Transfer. Persons can be transferred at no other time than 
the enumerntinn, and then only when the Trustee is satisfied that they can be 
better accommodated. — Edwards «. Trustee, etc., 143 Ind. 84. 



1.S8 SCHOOL LAW OF INDIANA. 

;i. ArvKAl.. The right to bo transferrod is not absolute, depending npon the 
I'boieeof the eitizen, like the right to be attached to any school in his township. 
It I'an only be claimed if he "can be better accommodated" by such transfer, and 
the power of the Trustee to make the transfer depends npon the existence of tliat 
condition. Of necessity, then, he must determine whether or not the condition 
exists, and act upon such determination. But liis decision is not tinal. Section 
21(5 expressly jirovides for an appeal to the County Superintendent from all de- 
cisions of the Trustee relative to school matters; and for the purpose of prevent- 
ing, as far as can be, vexations litigation, provides that the decision of the County 
Superintendent shall be tinal as to certain mattere, among which is enumerated 
'■ transfers of persons for school purposes." — -Fogle v. Gregg, :2ti Ind. 345; Edwards 
r. Trustee, etc., 143 Ind. 84. 

4. To Wh.\t Corporations. The word adjoining must be observed. Persons 
can only be transferred from one township to an adjoinini) township. It is difficult 
to see how a person (in view of the regularity with which our townships are laid 
out) could be better accommodated in a township not adjoining that in the one of 
his ivsidence. But the word adjoining does not apply to towns and cities, except 
that it appeal's from § 120 that the city must not be farther away than the adjoin- 
ing county. — Edwards v. Trustee, etc., 143 Ind. 84. 

o. BETTtm AcooMMOD.A,rioxs. The right of transfer for educational purposes, 
provided by statute, is given only to persons wlio can be better accommoilated 
theivby. It is a pei-sonal right, and each request for transfer is to be considered 
and determined upon its merits as a separate case, by the school otiicers; that is, 
can the person requesting the transfer, taking all the surrounding's and conditions 
that will exist during the coming school year into consideration, be better accom- 
njovlated during such year with school privileges at the schools of the school cor- 
pt>rations to which he seeks transfer than at the schools of the school corporation 
in wliich lie i-esides? 

In the determination of this question many things would be material and per- 
tinent; the proximity of the schools in the township and city to the i-esidence of 
ivlator ; tiie kind and character of the roads to each ; the means of transportation, 
if any, to each; the crowded condition of the schools in either of the two school 
corporations. — Edwards c. Trustee, etc., 143 Ind. 84. 

t>. Duty of At'i^rroR, SrriiRijrrEXDEKT and Trustees. The additional 
labor i-oquired of the Auditor by a transfer is simply to enter the name of the 
party transferred and the value of his property situate in the township in which 
ho i-osides upon the tax duplicate of the township to which the transfer is made, 
and assess upon such property the proper special school tax. AH other property 
of the party transferred is subject to special school tax in the township where it is 
situate. County Superintendents, in niakiug the statements of transfers reqnii-ed 
hy this section, should state distinctly the names of the parties transferred, the 
towMiship in which each resides, and the township to which transferred. Nothing 
short of this will enable the Auditor properly to assess the special school tax 
reqniivd. 

7. Tax bis of TransfI'IRKi:i> Persons — Ox What Pkofekty. Where a j^erson 
is transferred for school purposes to any township in his own county, he must pay 
to the County Ti-easnrer, on all his property situated in the township in which he 
ivsides, the same rate of school and poll taxes as is paid hy the people of the 
township to v.hich he is transfernHl. and for the use of that township. If he owns 



SCHOOL LAW OF INDIANA. 139 

property in another township, it must be taxed at the rate of other property in 
that township, and for the use of schools therein. — Johns v. State, 130 Ind. 522. 

8. To What Taxes Liable. A transferred person is liable to all taxes 
levied for school purposes in the corporation to which he is transferred, and at 
the same rate as resident school patrons. — Johns v. State, 130 Ind. 522. 

1). Constitutional. The provisions of this section authorizing the taxation 
of the person transferred is constitutional. — Kent v. Town of Kentland, 62 Ind. 
21)1; Robinson v. Schenck, 102 Ind. 307, 315. 

10. Must Receive. The person transferred must be received by the school 
corporation to which the transfer is made. — Edwards v. Trustee, etc., 143 Ind. 84. 

11. Request Necessary. Unless the person to be transferred requests it, a 
transfer can not be made. — Edwards v. Trustee, etc., 143 Ind. 84. 

12. Validity of Transfer — Estoppel. After a transfer has been made, 
and the scliool corporation to which it has been made has levied a tax upon the 
property of the transferred person, and collected such tax, it is estopped to set up 
that tlie transfer was illegal and not properly made. — Edwards v. Trustee, etc., 
143 Ind. 84. 

13. Appeal on Refusal to Make Transfer. The person desiring to be 
transferred has the right to appeal if his request be denied ; and so has the corpo- 
ration to which a transfer is made. The appeal must be taken within thirty days 
after the reijuest is made and refusal given ; or, in case of the school corporation, 
within thirty days after it is notified of the transfer. On appeal, the decision of 
the County Superintendent is final. — Edwards v. Trustee, etc., 143 Ind. 84. 

120. Transfer to an adjoining oounty. 17. Each person 
so transferred, for educational purposes, to a townsliip, town or 
city in an adjoining county, shall, annually, pay to the Treas- 
urer of such township, town or city (when a tax is levied therein 
for the purposes aforesaid) a sum equal to the tax levied, com- 
puting the same upon the property and poll, liable to tax, of 
such persons in the township, town or city where he resides, 
according to the valuation thereof by the proper Assessor; 
wliich payment shall release his property from special school 
tax in the township in which he resides. In default of such 
payment he shall be debarred from educational privileges in the 
township, town or city to which he may have been transferred ; 
and the Trustee thereof shall notify the Trustee of the township, 
town or city in whicli he (the person transferred) resides, of such 
exehision. (R. S. 1881, § 4474; E. S. 1894, § 5960; R. S. 1897, 
§ 0176.) 

1. To What Corporations. The township to which a transfer is made, 
though in a different county, must be adjoining to the one in which the person 
resides, but it seems that he may be transferred to any town or city in a county 
upon which his own township borders. 



140 SCHOOL LAW OF INDIANA. 

2. This section is constitutional. — Kent v. Town of Kentland, 62 Ind. 291 ; 
Bobinson v. Sclienck, 102 Ind. 307. 

3. Pkoperty of Tkansfebred Persons Subject to Taxation fob All 
School Purposes. The property of transferred persons shall be assessed for all 
school purposes, including the payment of bonds issued for indebtedness for school 
purposes. — Kent v. Town of Kentland, 62 Ind. 291. 

[1895, p. 127. Approved March 5, 1895. In force June 28, 1895.] 

121. Enumeration, where filed — Retaking. 18. Each 
Township Trustee and the President of the Board of School 
Trustees of towns and cities shall, on or hefore the first day of 
May, annually, report to and file with the County Superintend- 
ent of the proper county, a copy of the enumeration for school 
purposes of his township, town or city, with a list of transfers 
to such township, town or city, with his affidavit endorsed 
thereon to the effect that the same is, to the best of his knowl- 
edge and belief, full and accurate and taken in accordance with 
the provisions of the law governing the enumerations. When 
said County Superintendent, however, on an examination of 
the enumeration returns of any township, town or city, finds any 
evidence that the enumeration is excessive in number or in any 
other way incorrect, he may require the same to be retaken and 
returned, and if he deem it necessary he may, for this purpose, 
appoint persons to perform the service, who shall take the same 
oath, perform the same duties, and receive the same compensa- 
tion out of the same -funds as the person or persons who took 
the enumeration in the first place, and the school revenues shall 
be distributed to such school corporation upon the corrected re- 
turns. (R. S. 1897, § 6177.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

122. Township in two or more counties — Report. 19. 

When a congressional township is located in two or more 
counties, the proper Trustees for each portion thereof in the 
several counties shall report, at the same time and in like man- 
ner as provided in the last preceding section, to the County 
Superintendent of the county in which the congressional town- 
ship fund of such township is held in trust and managed. (R. 
S. 1881, § 4476; R. S. 1894, § 5962; R. S. 1897, § 6178.) 

1. Explanation. This section requires that when a congressional township 
is located in two or more counties, the proper Trustees for each portion thereof 
shall make two separate and distinct reports of enumeration. 



SCHOOL LAW OF INDIANA. 



141 



CHAPTER X. 



APPOKTIONMEXT OF EEVENUE. 



Sec. 

123. To be semi-aiinually. 

124. Reports of County Auditors. 

125. When and what County Auditor re- 

ports. 
12(5. When Congressional township divided. 
12". Auditor failing to report. 
128. Apportionment among counties. 



Sec. 

129. Printed statement. 

130. Payment to countie.s. 

131. Payment of excess. 

132. Unapportioned balances. 

133. County Auditor's apportionment. 
131. Interest on Sinking Fund. 

i35. Surplus Dog Tax Fu«d. 



[1397, p. 291. Approved and in force March 8, 1897.] 

123. To be made semi-annually. 109. There shall he 
two apportionments of the school revenue for tuition made in 
each year by the State Superintendent of Public Instruction — 
one on the fourth Monday in June, and the other on the first 
day of Januaiy, unless the said day of the month should be 
Sunday, and, if so, on the day following. (R. S. 1897, § 6179.) 

124. Reports of County Auditors. 110. To enable the 
Superintendent to make said apportionments, and to ascertain 
the amount of said revenue collected and ready for that pur- 
pose, the Auditors of the several counties of the State shall, 
promptly, after making the settlements with the County Treas- 
urers of the respective counties in May for the amount collected 
on tax list, and in December for the amount of delincpient tax 
collected, make report to said Superintendent of the precise 
amount of school revenue for tuition collected in their respec- 
tive counties and ready for apportionment and distribution ; 
which report shall be verified by the oath or affirmation of the 
Auditor indorsed thereon. (R. S. 1897, § 6180.) 

125. When and what County Auditor reports. 111. 

The first of said reports in each year shall not be delayed later 
than the third Monday in June, and the second not later than 
the twenty-fifth day of December. Said report shall show — 

First. The amount of school tax collected since the last re- 
port, whether upon the current year's tax list or delinquent tax. 

Second. The amount of interest collected since the last semi- 
annual report, and the amount, if any, not previously reported, 



142 SCHOOL LAW OF INDIANA. 

upon loans of common school funds, and on any indebtedness 
which is due or payable to said funds, arising from the sale of 
seminaiy property or otherwise. 

Third. The amount derived from liquor licenses and un- 
claimed fees not previously reported. 

Fourth. The total anunint of school revenue thus collected 
and ready for apportionment. 

Fi/fh. The income derived from the congressional township 
school fund, including the interest on loans of said fund, and on 
deferred payments for school lands which have been sold, and 
the rents and profits derived from the leasing or renting of any 
such lauds, or otherwise. 

Sixth. The amount of said income from the congressional 
township fund on hand for distribution in parts of the town- 
shi[)s iu the adjacent counties, specifying the amount on hand 
for each of the several counties. (R. S. 1897, § 6181.) 

[IStVi, p. 3. Approved and in force March 6, 18G5.] 

126. When congressional township divided. 112. When 
the congressional township lies partly in one county and partly 
iu auother, the Auditor of the county in which the fund of such 
townshi[> is n^anaged shall notify the Auditor of the county in 
which any portion is situated of the amount due to such por- 
tion. (R.'S. 1881, §4-180; H. S. 1894, § 5966; E. S. 1987, § 6282.) 

127. Auditor failing to report — Penalty. 113. On the 

failure of any County Aiulitor to make his said semi-annmil re- 
[M)rt iu tiuie for said a[)[)ortionments, his county shall be subject 
to a diminution of one hundred dollars in the next apportion- 
ment of said revenue by the Superintendent. The sum thus 
withheld nuiy be collected from said Auditor, in a suit before a 
Justice of the Peace, prosecuted in the name of the State, by 
any perst>n living in said county avIio has children enumerated 
for school })urposes for the current year, who is aggrieved by 
said diminution. Said suit shall be commenced within two 
years from the time when said report was due, and not after- 
ward : Proridcd, That said Auditor may discharge himself from 
liability to such suit by a certificate of the postmaster that said 
report was mailed iu due time, together with his own affidavit 
of that fact. (K. S. 1881, § 4481 ; R. S. 1894, § 5967 ; E. S. 1897, 
§ 6183.) 



SCHOOL "LAW OF INDIANA. 143 

[1895, p. 153. Approved and in force March 7, 1895.] 

128. Apportionment among counties. 114. Tlie State 
^^nperinteiident of Public Instruction sliall, on tlie days fixed by 
section 109 of tliis act (123) for bis apportionment of said reve- 
nue in eacli year, add to tiie sum total of said revenue in readi- 
ness in eacb county for apportionment au}^ amount in tlie State 
Treasury ready for apportionment, and after said addition tlie 
Superintendent sliall apportion the whole of said sum to the 
several counties of the State, according to the last enumeration 
of children therein, with due reference to the diminutions pro- 
vided for by sections 41 and 113 of this act (80 and 127). (R. S. 
1897, § 6184.) 

1. Object of this Section. The equal distribution of the State school rev- 
enue to tlie several sclicol corporations of the State, according to the number of 
scliDol cliihlren therein, is a means, and not an end ; but the great purpose for which 
this means may be used is that tuition shall be without charge and equally open 
to all the children of the State. — State v. McClelland, 138 Ind. 395. 

2. Constitutional. This section is not in conflict with the State Constitu- 
tion.— State V. McClelland, 138 Ind. 395. 

3 Amount to bk Returned — Hoav Determined. To determine what part 
of the unexpended balance must be returned to the County Treasurer, the amount 
received from the State and the amount received from local sources must be pro- 
rated.— State V. McClelland, 138 Ind. 395. 

[1865, p. 3. Approved and in force March 6, 1865.] 

129. Printed statement. 115. Said Superintendent shall 
make out and have printed a statement showing — 

Fii'sf. The enumeration of children in each county. 

Second. The amount of school revenue ready for apportion- 
ment in each county, and the source from which the same is 
derived, inchiding said addition from the State indebtedness. 

Third. The distributive share thereof apportioned to each 
county. 

lie shall tile a copy of said statement with the Auditor of 
State and Treasurer of State, and he shall forward a copy thereof, 
by mail, to each of the County Auditors, County Superintend- 
ents and County Treasurers of the State. (R. S. 1881, §4483; 
R. S. 1894, § 5969; R. S. 1897, § 6185.) 

130. Payment to Counties. 116. The Auditor of State 
sball, at the time of making the semi-annual settlements with 



144 SCHOOL LAW OP INDIANA. 

the several County Treasurers, give them each a warrant on the 
State Treasury for the distributive share of said revenue appor- 
tioned to their respective counties, the amount of which shall 
be retained by said treasurers out of the money or revenue in 
their hands; and the bahmce ascertained to be due to tlie State, 
of ordinary State revenue or other revenue, together with said 
warrant, shall be paid into the State Treasury. The settlement 
between the respective County Treasurers and the Auditor of 
State, and the drawing of the warrants for the amounts appor- 
tioned to their respective counties ; the ascertainment of the 
balance payable into the State Treasury, and the payment of 
said balance, and retention by the County Treasurers of their 
distributive shares of school revenue, according to said appor- 
tionment, — shall be concurrent acts, and shall be done an<l 
performed in such a manner as to effect a complete semi-annual 
disbursement, from the State Treasury to the several counties 
of the State, of all the school revenues then iipportioned to 
them, and as soon as practicable after the apportionment is 
made. (R. S. 1881, § 4484 ; R. S. 1894, § 5970 ; R. S. 1897, § 6186.) 

[18&5, S. p. 208. Aiiproved .and in force April 13, 1885.] 

131. Payment of excess. 1. The Auditor of State shall, at 
the time of making the semi-annual settlements with the sev- 
eral County Treasurers, give them each a warrant on the State 
Treasury for the State school revenues collected in their respec- 
tive counties, the amount of which shall be retained by said 
Treasurers, and Avhen the Superintendent of Public Instruction 
shall have made his semi-annual apportionments of school rev- 
enue for tuition to the several counties of the State, the Audi- 
tor of State shall draw his warrant upon the State Treasury to 
the respective County Treasurers to which there may be due a 
greater amount than the State school revenue which has been 
collected in said counties, and for which a warrant as hereinbe- 
fore provided has been issued to them, and said County Treas- 
urers to whom warrants have been issued at the semi-annual 
settlements for more than their distributive share of said school 
revenue shall, upon notice being given them thereof by the 
Auditor of State, forthwith pay such excess into the State 
Treasury. (R. S. 1894, § 5971 ; R. S. 1897, § 6187.) 



SCHOOL LAAV OF INDIANA. 145 

[1865, p. 3. Approved and in force March 6, 1865.] 

132. Unapportioned balances. 117. If at any time, from 
any cause whatever, an unapportioned balance of school rev- 
enue shall appear in the State Treasury, other than that which 
is nominally therein at the passage of this act, the Superintend- 
ent of Public Instruction shall add said balance to the sum to 
be apportioned, and apportion it at the next succeeding appor- 
tionment after such balance so appears. (R. S. 1881, § 4485 ; R. 
S. 1894, § 5972 ; R. S. 1897, § 6188.) 

[1897, p. 291. Approved and in force March 8, 1897.] 

133. Comity Auditor's apportionment. 118. The Audi- 
tor of each county shall, semi-annually, on the second Monday 
of July and on the last Monday in January make apportionment 
of the school revenue, to which his county is entitled, to the 
several townships and incorporated towns and cities of the 
county; which apportionment shall be paid to the School 
Treasurer of each township and incorporated town and city by 
the County Treasurer. In making the said apportionment and 
distribution thereof, the Auditor shall ascertain the amount of 
the Congressional township school revenue belonging to each 
city, town or township, and shall apportion the other school 
revenue, so as to equalize the amount of available school revenue 
for tuition to each city, town and township, as near as may be, 
according to the enumeration of children therein, and report 
the amount apportioned to the Superintendent of Public In- 
struction, veritied by affidavit : Provided, however, That in no 
case shall the income of the Congressional Township School 
Fund belonging to any Congressional township, or part of such 
township, be diminished by such apportionment, or diverted or 
distributed to any other township : Be it also ]?romded, That in 
making the said apportionment and distribution of the State 
tuition revenues apportioned to the county by the Superin- 
tendent of Public Instruction, in case any school corporation 
shall not have expended for tuition purposes in any school year 
an amount as great as the amount of State tuition revenue ap- 
portioned and distributed to said corporation by the Auditor 
for said school year, then it shall be the duty of the Auditor, at 
the first apportionment, after the annual report of the receipts 

10 — ScH. Law. 



14G SCHOOL LAW OF INDIANA. 

ami ex|)en'ditures of said school corporation shall have been 
iiled with the County Commissioners, to deduct from the whole 
amount of State tuition revenue apportioned to said school cor- 
poration an amount equal to the dititerence between the amount 
or State tuition revenue apportioned and distributed to said 
school corporation for use in such school year, and the whole 
amount shown by such annual report to have been actually ex- 
})ended for tuition purposes, and there shall be paid to the 
Treasurer of said school corporation the sura remaining after 
such amount shall have been deducted, and the County Auditor 
shall include all such deductions in his report to the State 
Superintendent of Public Instruction as tuition revenue col- 
lected in his county and ready for distribution at the next ap- 
portionment : Provided, That funds arising from the local 
tuition tax shall not be considered in making the deductions 
provided for in this section, nor included in the said report to 
the State Superintendent of Public Instruction. Any neglect 
or failure of any Auditor to comply with the provisions of this 
section of this act shall be and constitute a misdemeanor, and 
upon conviction of any such Auditor of the violation thereof, 
he shall be fined in any sura not less than the amount of such 
unexpended balance nor more than double the amount thereof. 
(R. S. 1897, §6189.) 

1. Method Constitutional. This metliod of apportionment is according to 
the command of the Constitution, and, perhaps, it requires the same principle to be 
applied to the distribution among the counties.— Quick v. Whitewater Tp., 7 Ind. 
57U; Quick v. Springfield Tp., 7 Ind. 636. 

2. Teacher's Eemedy. AVhen a teacher obtains judgment against a school 
corporation, for services as such, and a return of execution thereon vulla bona, he 
may, by proper suit, obtain application of any school revenue in the county 
treasurv belonging to such corporation to the payment of the judgment. — Trustees 
of the Town of Milford v. Simpson, II Ind. 520. 

3. Trustee's Liability. If the Township Trustee receives funds, under this 
section, which belong to a school town within the township, he may, after 
demand, be compelled, by mandate, to pay the amount to the town. — Johnson v. 
Smith, 64 Ind. 275. 

4. EuLE FOR Making Apportionment. Auditors will find no trouble in 
adjusting the apportionment without the labor of giving in detail the specific 
amount of each township's share of the two funds, if they will ascertain what the 
whole amount of the school revenues for the county, both common and congres- 
sional, will give each scholar on a per capita division, and then ascertain whether 
any township's congressional revenue will yield a larger dividend to its children. 
If any township thus has a larger per capita than that of the whole county from 



SCHOOL LAW OF INDIANA. 147 

the coiuliined revenues, exclude the children and congressional revenue of that 
townshii) Iroiii the calculation, and distribute to the other corporations on the 
consolidation basis. An example may be presented, as follows: 
Congressional Tp. A — 300 Children, $375 Congressional Eevenue, $1.25 Per Capita. 
" " B— 200 " 150 " " 75 " " 

«< " C— 84 " 42 " " 50 " " 

<< " D— 400 " 100 " " 25 " " 

u u E_250 " « " 

The last four townships have 934 childi-en, and $292 congressional revenue. 
The common school revenue of the county amounts to $875.50, which, added to 
the S292, will make $1,167.50. This will give the last four townships $1.25 per 
scholar, the same that A receives from her congressional revenue alone, in which 
case the same result is obtained with or without including A's children and 
revenue. But if the common school revenue were only $828.80, the last four 
townships would get only $1,120.80, or $1.20 per scholar. In this case A must 
receive the whole of her own revenue, which must not he dimimshed by any process 
of distribution; and the remaining revenues must be distributed among the other 
corporations. 

5. Town Incorporated Within Tovpnship — Custody of School Funds. A 
distinct portion of a certain township of this State having become an incorporated 
town, and elected school trustees, under the laws of the State, the Trustee of such 
township, after tlie election, but before such School Trustees had qualified, 
demanded and received of the County Treasurer the school funds of the whole 
townshi)), whereupon such School Trustees, after qualifying, demanded of him 
the jjayment to their treasurer of the proportion of such school funds belonging 
such town, which lie refused; whereupon they filed an affidavit, reciting the fore- 
going facts, to compel him, by mandate, to pay over such moneys. It was 
decided that they were entitled to recover. — Johnson v. Smith, 64 Ind. 275. 

[]8fi5, S. p. 139. Approved and in force March 21,1865.] 

134. Interest on sinking fund. 1. All interest accrued 
or accruing on tlie sinking fund, or any other fund, held by 
this State tor the benefit of the common schools of this State, 
on and after the lirst day of January, one thousand eight hun- 
dred and sixty-live, is hereby set apart for distril)ution as other 
revenues are distributed, for the support of the common schools 
of this State. (R. S. 1881, §4487; R. S. 1894, §5974; R. S. 
1897, § 6190.) 

ri897, p. 178. Approved March 6, 1897; in force April 14, 1897.] 

135. Surplus dog tax fund. 13. The Trustee shall register 
all losses in the order in which they are reported : Provided, 
That no person shall receive pay for sheep, horses, cattle, swine 
or other live stock or fowls killed or maimed by any dog or 
dogs owned or harbored by himself: Provided, further, That 



148 SCHOOL LAW OF INDIANA. 

the Dog Fund heretolbre collected shall be added to and ap- 
plied with the fund arising under the provisions of this act. 
And when it shall so occur on the first Monday of March of 
any year in any township in the State of Indiana that said fund 
shall accumulate to an amount exceeding one hundred dollars 
over and above orders drawn on the same, the surplus afore- 
said shall be paid and transferred to the County Treasurer of 
the county in which such township is located and the fund 
arising from such surplus from the township of the county shall 
constitute a County Dog Fund and shall be distributed among 
the townships of the county in which the orders drawn against 
the Dog Fund exceed the money on hand. This distribution 
shall be made on the second Monday in March of each year, 
and if said County Dog Fund be insufficient to pay for all the 
live stock or fowls maimed or killed by dogs of all the town- 
ships the distribution shall be made in the ratio of the orders 
drawn against the Dog Fund of the townships and unpaid and 
unprovided for, which ratio shall be obtained from the report 
of the Trustees of the townships made to the Auditor of the 
county which is hereby directed shall be made by each Town- 
ship Trustee of the county upon the first Monday of March of 
each year, which rejDort shall show all receipts into the Dog 
Fund of his township, and all orders drawn against the same 
in the order in wliich they were drawn. And when it shall 
occur again upon the second Monday in March of any year 
that there is a surplus left of the County Dog Fund after pro- 
visions have been made for the payment for all the live stock 
or fowls killed or maimed, of all the townships of the county, 
such surplus shall be distributed for the schools of the county 
in the same manner the common school revenue of such county 
is distributed. (R. S. 1897, § 2910.) 

1. Towns and Cities. A town or city within a township is entitled to its 
proportionate share of the surplus Dog Fund. — Taggart v. State, 142 Ind. 668 
I overruling School City of South Bend'y. Jaquith, 90 Ind. 495); Maloy v. Madget, 
47 Ind. 241. 

2. How Apportioned. The County Auditor makes the apportionment ac- 
cording to the provisions of section 133. 



SCHOOL LAW OF INDIANA 



149 



CHAPTER XI. 



SCHOOLS IN CITIES AND TOWNS. 



Sec. 

13t). Bonds for school buildings. 

137. ITse of proceeds. 

laS. .Special tax. 



Sec. 

139. Condition for building. 

140. Surplus special school revenue. 



[1873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 

136. Bonds for school buildings. 1. Any city or incor- 
poi'ated town in this State which shall, by the action of its 
School Trustees have purchased any ground and building or 
buildings; or may hereafter purchase any ground and build- 
ing or buildings; or has commenced, or may hereafter com- 
mence, the erection of any building or buildings for school pur- 
poses ; or which shall have, by its School Trustees, contracted 
any debts for the erection of such building or buildings, or the 
purchase of such ground and building or buildings; or such 
Trustee shall not have the necessary means with which to com- 
plete such building or buildings, or to pay for the purchase of 
such ground and building or buildings, or pay such debt, may, 
on the filing by the School Trustees of said city or town of a 
report, under oath, with the Common Council of such city, or 
the l)oard of Trustees of such town, showing the estimated or 
actual cost of any such ground and building or buildings, or 
the amount required to complete such building or buildings, or 
purchase such ground and building or buildings, or the amount 
of such debt, on the passage of an ordinance authorizing the 
same by the Common Council of said city or the Board of 
Trustees of such town, issue the bonds of such city or town to 
an amount not exceeding in the aggregate fifty thousand dol- 
lars, in denominations not less than one hundred nor more than 
one thousand dollars and payable at any place that may be des- 
ignated in the bonds (the principal in not less than one year nor 
more than twenty years after the date of such bonds, and the 
interest annually or semi-annually, as may be therein provided) 
to provide the means with which to complete such building or 
buildings, and to pay for the purchase of such ground and 



150 SCHOOL LAW or INDIAiSTA. 

building or buildings, and to pay such debt. Such Common 
Council or Board of Trustees may, from time to time, negotiate 
and sell as many of such bonds as may be necessary for such 
purpose, in any place and for the best price that can be obtained 
therefor in cash : Provided, That such bonds shall not be sold 
at a price less than ninety-four cents on the dollar. (R. S. 1881, 
§ 4488 ; R. S. 1894, § 5975 ; R. S. 1897, § 6191.) 

1. Contract for Gjround. Under this section the bonds may be issued al- 
though the Trustee has only contracted for the grounds or buildings. — Williams 
V. Town of Albion, 58 Ind. 329. 

2. Valid. The above section is constitutional. — Clark v. Town of Nobles- 
ville, 44 Ind. 83; Gardner v. Haney, 86 Ind. 17. 

3. Location of School Property. As a rule, the school grounds and houses 
should be located within the school corporation that owns them ; but the bonds of 
such corporation, negotiated and sold to procure means for the erection .and com- 
pletion of such school houses, are not void merely because they are located with- 
out the limits of the corporation. — Gardner v. Haney, 80 Ind. 17. 

4. Title to School Property — Control of. As to the title and control of 
school property three cases arise under the law prior to the act of 1893: 

(1) When the school house is within the limits of the township the title is in 
the school township, and the Township Trustee controls and may sell. 

(2) When the school house is situated within territory which is afterward 
incorporated into a town, then the title vests in the town, and the property is con- 
trolled by the School Trustees of the town. — Carson v. State, 27 Ind. 465; School 
Town of Leesburgh v. Plain School Tp., 86 Ind. 582; School Tp. of Allen v. School 
Town of Macy, 109 Ind. 559. 

(3) When the school house is located on territory which is taken into a city 
by addition, then the Township Trustee controls and sells, and credits the special 
school fund with the amount of the sale.^ — Heizer v. Yohn, 37 Ind. 415; Keckert 
V. City of Peru, 60 Ind. 473. See now, however, on this subject § 183. 

5. Petition Not Necessary. A petition of the taxpayers to the Board of 
Trustees or the Common Council is not necessary to enable the Board to levy a 
tax to complete school buildings. — Clark v. Town of Ncblesville, 44 Ind. 83. 

6. Can Not Be Enjoined. When the Scliool Trustees have complied with 
the law (section 139) by filing with the Town Board or Common Council a verified 
report, showing that, as such School Trustees, they have contracted for the pur- 
chase of real estate on which to erect school buildings, and showing the amount 
of the debt incurred for such realty, and the estimated cost of such buildings, and 
asking the issuance of bonds, such Board or Common Council may, by ordinance, 

j authorize the issue and fjale of bonds of such city, equal in amount to the cost of 
■such real estate and the estimated cost of such buildings, and such Board or Com- 
mon Council can not be enjoined from so doing. — Williams v. Town of Albion, 58 
Ind. 329. 

137. Use of proceeds. 2. The proceeds of the sales of 
such lionds shall be paid to tlio said School Trustees, to enable 



SCHOOL LAW OF INDIANA. 151 

them to erect or complete such building or buildings and pay 
such debt. But before payment to them, such School Trustees 
shall tile with the County Auditor a bond, payable to the State 
of Indiana, in a sum not less than the full amount of the said 
money so to be paid to them, and with security to be approved 
by said Auditor, conditioned for the faithful and honest appli- 
cation of such money to the purpose for which the same was 
provided ; and such Trustees, and their surety or sureties, shall 
be liable to suit on such bond for any waste, misapplication, or 
loss of such money in the same manner as now provided for 
waste or loss of school revenue. (R. S. 1889, § 4489 ; R. S. 1894, 
§ 5976 ; R. S. 1897, § 6192.) 

[1875, p. 29. Approved and in force March 11, 1875.] 

138. Special tax. 3. In addition to levying the tax by 
cities or incorporated towns for general purposes, now author- 
ized by law, the Common Council of any such cities, and Boards 
of Trustees of any such incorporated towns as shall avail them- 
selves of the provisions of this act, are hereby authorized and 
required to levy, annually, a special additional tax, at the same 
time and in the same manner as other taxes of such city or 
town are levied, sufficient to pay the interest and principal of 
said bonds falling due; which additional special tax shall be 
assessed and collected as the taxes for State and county revenue 
are assessed and collected. The Treasurer of said city or town 
shall keep accurate account of the revenue arising from said 
special tax, and shall in his reports, when required by the city 
or town authorities, show the amount thereof received, the 
amount disbursed, and the amount thereof, if any, remaining 
delinquent. He shall pay out the same only by the authority 
of the Common Council of said city or Board of Trustees of 
such town ; and shall permit the same to be applied to no other 
purpose than the payment of the principal and interest of such 
bonds ; and official bonds of City and Town Treasurers shall be 
construed to cover and include revenue arising from this source. 
Pen ons residing outside of any such city or town, and electing to 
be transferred to such town or city for educational purposes, or 
who shall send their children to the school taught in any such 
building, shall, with their property, be liable to such tax, as if 
they resided in such city or town, on all property owned by said 



152 SCHOOL LAW OF INDIANA. 

person in the township where such city or town is located : 
Promdcd, always, That nothing in this act shall be construed to 
prevent the School Trustees of such town or city from admit- 
ting pupils into such schools from outside such city or town, in 
their discretion, upon the payment of tuition therefor, and with- 
out sulijecting the property of their parents to such taxation, 
when such schools are not croAVcled and their admission shall, 
in no way, interfere with the progress of the children within 
such city or town : Provided further, That the additional special 
tax, hereby authorized, shall not, in any one year, exceed fifty 
cents on any one hundred dollars of taxable property and one 
d(illar on each poll. (R. S. 1881, § 4490 ; R. S. 1894, § 5977 ; R. 
S. 1897, § 6193.) 

1. Section Constitutional. Tlie provision subjecting to this tax persons 
residing outside the town or city, wlio, tiiough not transferred, send to the school 
in the building for which the bonds were issued, is not unconstitutional. — Kent 
r. Kontland, 02 Ind. 291. 

2. Levy Obligatory. It is the duty of Trustees to levy annually a special 
additional tax sufficient to pay the interest and principal of bonds issued for 
school buildings and falling due; and Avhere it appears that they have failed, neg- 
lected and refused to discharge their statutory duty, a writ of mandate is the 
proper legal remedy. — Gardner v. Haney, 86 Ind. 17. 

3. Property Subject to Taxation Whether Transferred or Not if 
Children Are Sent to School. Having voluntarily enjoyed the benefit of the 
adjoining school by sending his children there to be taught, we think he is bound 
to pay the tax, whether he caused himself to be transferred to such adjoining dis- 
trict for educational purposes or not. The fact that he failed to have himself so 
transferred can not afTect the law by which he made himself liable to taxation by 
sending his children to be taught at the adjoining school; and he can not avoid 
the payment of the tax by merely failing to be transferred for educational pur- 
poses. — Kent V. Town of Kentland, 62 Ind. 291. 

4. Property of transferred person or persons who take advantage of the 
schools subject to this tax. — Kent v. Town of Kentland, 62 Ind. 271. 

[ 1879, S. p. 76. Approved and in force March 20, 1879.] 

139. Condition before building. 1. Before the School 
Trustees of au}^ incorporated town or city in this State shall 
j purchase any ground for school purposes, or enter into any con- 
tract for the building of any school building or buildings, they 
shall file a statement with the Trustees of such incorporated 
town, or Common Council of such city, showing the necessity 
for such purchase of ground, or the erection of such building 
or buildings, together with an estimate of the cost of such 



SCHOOL LAAV OF INDIANA. 153 

ground or build! 112; or buildings, and tlie amount of means 
necessaiy to be provided to pay for such ground or building or 
buildings. And they shall not j^urchase any ground, or enter 
into any contract for the building of any school building or 
buildings, until such action be approved by the Trustees of such 
incorporated town, or by the Common Council of such city: 
ProrUlc(h however, That there shall be nothing in this act so 
construed as to affect any purchase of grounds, or contract 
made for the erection of any building or buildings for school 
purposes, prior to the taking efiect of this act. (R. S. 1881, 
§ 4491 ; R. S. 1894, § 5978 ; E. S. 1897, § 6194.) 

[1879, S. p. 95. Approved March 31, 1879, and in force May 31, 1879.] 

140. Surplus special school revenue. 1. It shall be the 
duty of the J3oard of School Trustees of any city or incorpor- 
ated town in this State to pay over to the Common Council or 
Board of School Trustees of such city or town any surplus 
special school revenue in the hands of such School Trustees, 
not necessary to meet current expenses ; such excess of the 
revenue aforesaid to be applied for the payment of the interest 
or principal, or both, of any indebtedness incurred under the 
provisions of the act of March 8, 1873, authorizing cities and 
incorporated towns to negotiate and sell bonds to procure means 
to erect and complete unlinished school buildings, and to pur- 
chase any ground and building for school purposes, and to pay 
debts contracted for the erection and purchase of buildings and 
grounds. (li. S. 1881, §4492; R. S. 1894, §5979; R. S. 1897, 
§ 6195.) 



154 



SCHOOL LAW OF INDIANA. 



CHAPTER XII. 



SCHOOL SYSTEM IN LAKGE CITIES. 



S»;c. 

141. School system. 

142. School districts. 

143. Organization — Term— Vacancies. 

144. Duties and powers. 

145. Tax Collectors and payments. 

146. Sessions— Record— No pay. 

147. General School Law in force. 



Sec. 
148. 
149. 
150. 
151. 
152. 
153. 



Temporary loans. 
Bonds to pay debts. 
Bonds in cities. 
Manual training schools. 
Teachers and instructors. 
Tax to support schools. 



[1871, p. 20. Approved and in force March 1, 1871.] 

141. School system. 1. In all cities of this State of thirty 
thousand or more inhabitants according to the United States 
census for the year eighteen hundred and seventy, there shall 
be elected, by the qualilied electors of each school district of 
such city, one school Commissioner, to serve as a member of the 
Board of School Commissioners of such city. The first regular 
election for School Commissioners, under this act, shall be held 
on the second Saturday in June, in the year eighteen hundred 
and seventy-one, at the places to be fixed on for holding such 
election in the school districts of such city by the Common 
C/Ouncil. All elections for School Commissioners shall be held 
ill the same manner as elections are now held, and shall be gov- 
erned by the same laws that now govern general and municipal 
elections. The persons declared elected shall have issued to 
them, by the City Clerk, certificates of election; and they shall, 
within ten days thereafter, take an oath of oflice, and file the 
same with the City Clerk. All regular elections for School 
Commissioners shall, thereafter, be held annually, on the second 
Saturday in June. (R. S. 1881, § 4457; R. S. 1894, § 5936; R. 
S. 1897, § 6157.) 

1. Indianapolis is the only city which has organized its schools under the 
sections of this chapter. 

142. School districts. 2. It is hereby made the duty of 
the Common Council of any such city, on or before the first 
Monday in May, 1871, by ordinance, to district the city into as 
many school districts as there are wards^ and to define th^ 



SCHOOL LAW OF INDIANA. 155 

boundaries of each district, and sucb boundaries may be the 
■ present ward boundaries, or otherwise, as the Common Council 
may determine. Such school districts shall, however, be sub- 
ject to change by the Board of School Commissioners at any 
time after its organization; and in case the number of districts 
is increased, each additional district shall be entitled to elect one 
School Commissioner for such district at the annual election for 
School Commissioners. The Common Council shall, at the 
time such ordinance is adopted creating such districts, order an 
election to be held in each of such districts for School Commis- 
sioners tliereof, on the second Saturday in June following ; and 
shall direct the City Clerk to give ten days' notice thereof in 
sonie dail}^ newspaper of such city. (R. S. 1881, § 4458; R. S. 
1894, § 5937 ; R. S. 1897, § 6158.) " 

143. Organization — Term — Vacancies. 3. On the first 
Monday in July following the first election of School Commis- 
sioners herein provided for, such School Commissioners shall 
assemble at the ofiice of the Board of School Trustees of such 
city, and proceed to organize the Board of School Commission- 
ers of such city, by electing one of their number as a president, 
one of their number as a treasurer, and one of their number as 
a secretary ; each of which ofiicers shall serve for one year and 
until his successor is elected and qualified. The members of 
such Board of Scliool Commissioners shall then determine, by 
lot, which three of their numljer shall hold oflice for three 
years, and which three shall hold ofiice for two years ; and, after 
having so determined, the president of the Board shall issue to 
the persons so determined certificates entitling them to hold 
office for the terms respectively allotted ; and the remaining 
members shall receive, from the president of the Board, certifi- 
cates showing that each is entitled to hold ofiice for one year; 
and all persons elected as School Commissioners at the annual 
elections thereafter shall Ije entitled to hold office for three years 
each. All vacancies occurring at any time prior to the annual 
election shall be filled by a ballot vote of a majority of the 
meml)ers of such Board ; and the persons so elected to fill such 
vacancies shall serve until the next annual election for School 
Commissioners. All persons elected at any regular annual elec- 
tion, or by the Board to fill any vacancy, shall serve until their 



156 SCHOOL LAW OF INDIANA. 

successors are elected and qualified. It is hereby made the duty 
of the Board of School Trustees in office at the time of the 
organization of the Board of School Commissioners, to at once 
turn over to the Board of School Commissioners all books and 
papers pertaining to their trust, and to place in possession of 
the Board of School Commissioners all moneys, title papers, 
and projierty belonging to the School Trustees of Common 
Schools of such city; and such Board of School Trustees shall 
thereafter cease to perform any and all duties whatever con- 
nected with the schools of such city. (R. S. 1881, § 4459 ; E. S. 
1894, § 5938 ; R. S. 1897, § 6159.) 

144. Duties and powers. 4. Such Board of School Com- 
missioners is hereby authorized — 

First. To district the city for the purpose of electing School 
Commissioners therein, and also to subdivide the city for gen- 
eral school purposes. 

Second. To levy all taxes for the support of the schools 
within such city, including such taxes as may be required for 
paying teachers, in addition to the taxes now authorized to be 
levied by the General Assembly of this State by the general 
laws thereof: Provided, No such tax levy, in any one year, 
shall exceed the sum of twenty-five cents on each one hundred 
dollars of the taxable property, as assessed for city taxes by the 
City Assessor, for purchasing grounds, building school houses, 
and furnishing supplies for such buildings; or twenty -five cents 
on each one hundred dollars of such taxable property, for the 
purpose of paying teachers. 

Third. To levy a tax, each year, of not exceeding one-fifth 
of one mill on each dollar of taxable property assessed for city 
taxes by the City Assessor, for the support of free libraries in 
connection with the common schools of such city ; and to dis- 
burse any and all revenue raised by such tax levy in the pur- 
chase of books, and in the fitting up of suitable rooms for such 
libraries, and for salaries to librarians ; also to make and enforce 
such regulations as they may deem necessary for the taking out 
from and returning to, and for the proper care of, all books 
belonging to such libraries, and to prescribe penalties for the 
violation of such regulations. 



SCHOOL LAW OF INDIANA. 157 

Fourth. To examine, either by a committee of such Board of 
School Commissioners or by an officer of such Board, selected 
for that purpose, all teachers applying for positions in the 
schools of the city ; and to license such as may be qualified — 
such license to be limited to the city in which the same is 
granted. 

Fifth. To purchase grounds, construct school buildings, pur- 
chase supplies, employ and pay teachers, appoint Superintend- 
ents, and disburse, through the treasurer of the Board of School 
Commissioners, moneys for all school and library expenses. 

Sixth. To require the treasurer of the Board of School Com- 
missioners to give bond in such sum, and with such surety, as 
the Board may determine, for the faithful discharge of his 
duties, and for the safe-keeping and faithful accounting for all 
moneys that may come into his hands as such treasurer. 

Secenth. To establish and enforce regulations for the grading 
of and course of instruction in the schools of the city, and for 
the government and discipline of such schools. 

Eighth. To prepare, issue and sell bonds to secure loans, not 
exceeding in the aggregate the sum of one hundred thousand 
dollars, in anticipation of the revenue, for building school 
houses, to bear such rate of interest, not exceeding ten per 
cent, per annum, and payable at such time, within five years 
from date, as the Board may determine ; and the money ob- 
tained as a loan on any such bonds shall be disbursed by order 
of such Board, in payment of expenses incurred in building- 
school houses : Provided, That until all the bonds of anj' one 
issue shall have been redeemed, such Board shall not be author- 
ized to make another issue ; nor shall any such bonds be sold 
at a less rate than ninety-five cents on the dollar. (R. S. 1881, 
§4460; R. S. 1894, §5939; E. S. 1897, § 6160.) 

1. Can Not Levy Poll Tax. The Board of School Commissioners has no 
power to levy a poll tax for the support of the common schools of the city, or for 
a special fund for the support of such schools. — The Board v. Magner, 84 Ind. 67. 

2. Fifth and Eighth Clauses. Under the fifth clause the School Commis- 
sioners have power to contract for the erection and completion of school houses, 
and to agree to pay therefor partly in cash and partly on time, and to make and 
deliver their notes for the deferred payments, which are valid obligations, binding 
upon their school cities, notwithstanding the fact that there may be at the time 
outstanding bonds to the amount of $100,000, issued and sold under the eighth 
clause, to secure loans in anticipation of the revenue, for building school houses, 



15(S SCHOOL LAW OP INDIANA. 

and that such money had been disbursed for that purpose. The powers conferred 
under the fifth clause are limited only by the educational wants of the school 
corporations under the Board's control, in the exercise of a sound and reasonable 
discretion. The eighth clause was not intended to be, and is not, a limitation 
upon the general powers conferred upon the Board by the fifth clause. It confers 
additional and extraordinary powers not conferred upon school corporations 
generally, and the proviso therein contained is a limitation only on the Board's 
exercise of such additional and extraordinary powers. — Fatout v. Board, 102 
Ind. 223. 

3. Notes. Notes executed by the Board in settlement of just debts fairly 
contracted for the legitimate purposes of the school corporation, do not come 
witiiin the meaning of the eighth clause, or of the proviso, and are valid. — Fatout 
V. Board, 102 Ind. 223. 

4. Tax Levy. See Acts 1885, p. 17, Sec. 9. (E. S. 1894, ? 3752; E. S. 1897, 
§ 4277.) 

5. Mechanic's Lien — Public PoiiiCY. A mechanic's lien for work done, or 
materials furnished, in the erection of a public school house, can not be acquired 
or enforced. It is against public policy. — Fatout v. Board, 102 Ind. 223, overruling 
Shattell ('. Woodward, 17 Ind. 225. 

145. Tax collection and payment. 5. All levies of taxes 
made by order of the Board of School Commissioners shall he 
certiiied hy its president and secretaiy to the City Clerk, who 
shall cause the same to be placed on the tax duplicate against 
all property assessed for city taxes ; and the City Treasurer 
shall collect the same as city taxes are collected, and shall, once 
in each m.onth, ^^ay over all such taxes so collected to the treas- 
urer of the Board of School Commissioners of such city. All 
taxes hereafter collected by the County Treasurer for school 
purposes on levies hereafter made, and all moneys that may be 
hereafter distributed as a part of the common school fund by 
county officers, to which the common schools of such city shall 
be entitled, shall be paid over by the County Treasurer to the 
treasurer of the Board of School Commissioners ; and all taxes 
hereafter collected by the Cit}^ Treasurer on levies heretofore 
made for school purposes, shall be paid over by such Treasurer, 
once in each month, to the treasurer of the Board of School 
Commissioners of such city. (R. S. 1881, §4461; R. S. 1894, 
§ 594.3 ; R. S. 1897, § 6161.) 

146. Sessions — Record — No pay. 6. The said Board of 
School Commissioners shall hold its sessions at such times as it 
may determine, and shall keep a record of all its proceedings. 
The members of such Board shall serve Avithout any compensa- 



SCHOOL LAW 01^ INDIANA. 159 

tion whatever. (R. S. 1881, §4462; R. S. 1894, §5945; R. S. 
1897, §6162.) 

147. General school law in force. 8. All parts of the 
general school laws of this State, not inconsistent herewith, and 
which may be applicable to the general system of the common 
schools in such city, herein provided for, shall be in full force 
and eflect in such city. (R. S. 1881, § 4463 ; R. S. 1894, § 5946 ;. 
R. S. 1897, § 6163.) 

[1877, p. 123. Approved and in force March 3, 1877.] 

148. Temporary loans. 1. The Board of School Commis- 
sioners of any city embraced within the provisions of sections 
4457 to 4463 may, whenever the funds for the support of the 
common schools in such city throughout the regular school year 
shall be insufficient or exhausted, make temporary loans for the 
support of such schools during such time, and until the receipt 
of the school revenue of the current year; but no more than is 
sufficient for such purpose, nor the amount of such revenue for 
the current year, shall be borrowed at any onetime, and no fur- 
ther loan shall be made until such temporary loan shall be paid. 
(R. S. 1881, § 4464; R. S. 1894, § 5947; R. S. 1897, § 6164.) 

[1889, p. 101. Approved and in force March 5, 1889.] 

149. Bonds to pay debts. 1. Boards of School Commis- 
sioners in all cities of this State having thirty thousand or more 
inhabitants, according to the United States census for the year 
eighteen hundred and seventy, are hereby authorized to prepare, 
issue and sell bonds to secure loans not exceeding in the aggre- 
gate, at any one time, the sum of two hundred and fifty thou- 
sand dollars, in anticipation of the revenue for purchasing 
grounds and building school houses, to bear such rate of inter- 
est, not exceeding six per cent, per annum, and payable at such 
time within ten years from date as the Board may determine; 
and the money obtained as a loan on any such bonds shall be 
disbursed by the order of said Board in payment of indebtedness 
incurred in the purchasing of grounds, or building of school 
houses, or in refunding any bonds or other evidence of indebted- 
ness issued for such purpose. Such bonds may be issued in such 



IGO SCHOOL LAW OF INDIANA. 

(leiioiuinations and in snch snnis as the Board of School Com- 
missioners may deem to be expedient: Provided, That at no 
time shall the amonnt of snch bonds so issned by any snch 
Board of School Commissioners, then ontstanding, exceed said 
snm of two hnndred and iifty thonsand dollars: A7}d provided 
ftiii/icr, That snch bonds shall not be sold for less than their par 
'valne. (R. S. 1894, § 5940 ; R. S. 1897, § 6165.) 

1. IjIBRAba' Tax. For a tax to build and support libraries in large cities, 
see §g 200 to 205. 

11889, p. 101. Approved and in force March 5, 1879.] 

150. Bonds in cities. 1- Boards of School Commissioners 
in all cities of this State having thirty thonsand, or more, in- 
habitants, according to the United States census for the year 
eighteen hnndred and seventy, are hereby authorized to prepare, 
issue and sell bonds to secure loans not exceeding in the aggre- 
gate, at any one time, the snm of two hundred and -fifty thon- 
sand dollars, in anticipation of the revenue, for purchasing 
grounds and building school houses, to bear such rate of in- 
terest, not exceeding six per cent, per annum, and payable at 
such time within ten years from date, as the Board may 
determine; and the money obtained .as a loan on any such 
bonds shall be disbursed by the order of said Board in payment 
of indebtedness incurred in the purchasing of grounds, or build- 
ing of school houses, or in refunding any bonds or other evi- 
dence of indebtedness issued for such purpose. Such bonds 
may be issued in such denominations and in such sums as the 
Board of School Commissioners may deem to be expedient: 
Proridcd, That at no time shall the amount of such bonds so 
issued by any such Board of School Commissioners, then out- 
standing, exceed said sum of two hundred and fifty thousand 
dollars: ^??</, ^j?-or/(/(v/ _f?//YAfr, That such bonds shall not be 
sold for less than their par value. (R. S. 1894, §5940; R. S. 
1897, § 6165.) 

[1891, p. 348. Approved .and in force March 7, 1891.] 

151. Manual training schools. 1. In all cities of the 
State of Indiana having a population of one hundred thousand 
or over, as shown by any census taken, by lawful authority, it 
shall be lawful for the Board of School Commissioners, or other 



SCHOOL LAW OF INDIANA. 161 

school authorities having charge and management of the com- 
mon schools of said city, to establish in connection with and as 
part of the system of common schools therein, a system of in- 
dustrial or manual training and education wherein shall be 
taught the practical use of tools and mechanical implements, 
the elementary principles of mechanical construction and me- 
chanical drawing. (R. S. 1894, § 5948 ; li. S. 1897, § 6142.) 

152. Teachers and instruction. 2. Such Board of School 
Commissioners, or other school authorities, upon establishing 
such system of manual or industrial training and education, 
shall employ competent instruction in the various subjects to be 
taught, and establish such general rules and regulations for the 
admission of pupils and the conduct of the schools wherein the 
same shall be taught as in their judgment will produce the best 
results, and give instruction to the largest number of pupils 
practicable. They may provide for such instruction in separate 
rooms, or separate buildings, as in their judgment may be most 
advantageous. (R. S. 1894, § 5949 ; R. S. 1897, § 6143.) 

153. Tax to support schools. 3. Any such Board of 
School Commissioners or other school authorities, having de- 
cided to establish such system of industrial or manual training, 
shall have authority, in addition to all other taxes now author- 
ized to be levied, to levy a tax of not exceeding five cents on 
each one hundred dollars of property liable for taxation for 
school purposes, to be levied and collected as other taxes for 
school purpdses are levied and collected, for the purpose of pur- 
<ihasihg grounds and erecting buildings, or for renting build- 
ings wherein such instruction shall be given, the purchase of 
all necessary tools, implements and apparatus, and for the pay- 
ment of instructors and other expenses incident to the main- 
tenance thereof: Provided, That no portion of the taxes so 
levied and collected shall be applied to any other purpose. 
<R. S. 1894, § 5950; R. S. 1897, § 6144.) 



11 — ScH. Law. 



162 



SCHOOL LAW OF INDIANA. 



CHAPTEE XIII. 



SCHOOLS AND SCHOOL HOUSES. 



Sec. 
154. 
15o. 
156. 
157. 
158. 
159. 
160. 
lol. 
162. 
163. 
164. 
165. 
166. 
167. 
168. 
169. 
170. 
171. 
172. 



Bible. 

Uniformity as to time— Numbering. 
Calendar. 
Colored cliildren. 
Indigent children. 

Appropriations for indigent children. 
Branches taught. 

EfiTeot of alcoholic drinlis and narcotics. 
Teachers examined concerning. 
Failure to teach eifeets — Dismissal. 
Voters' meetings — School directors. 
Other meetings — Powers. 
Estimate of expense. 
Changing site of school house. 
Notice of petition to change. 
Misdemeanor. 
Doors must swing outward. 
Teachers, employment and dismissal. 
Terms for which teachers may be em- 
ployed. 



Sec. 

173. Special examination. 

174. Director's duties. 

175. He has charge of the school house. 

176. Visits school — May exclude pupil. 

177. Appeal to teacher. 

178. Insulting teacher. 

179. Title to school property. 

180. Use of school house. 

181. Use of school house. 

182. School house, when sold. 

183. School house in annexed territory. 

184. School house for several townships, 

185. Cost of erecting. 

186. Donations and bequests. 

187. Majority of voters. 

188. Sale of bonds. 

189. Site for school house — Eminent domain. 

190. Appraisers. 

191. Appraisement — Payment. 



[1865, p. 3. Approved and in force March 6, 1865.] 

Bible. 167. The Bible shall not be exclucied from 



154. 

the public schools of the State 
§5980; R. S. 1897, §6196.) 



(R. S. 1881, § 4493 ; R. S. 1894, 



1. Use of the Bible. The Bible, without note or comment, is installed in 
the common schools of Indiana. Its continuance as the moral class book in these 
nurseries of her future citizens will as surely mark the period of her prosperity 
and grace the zenith of her glory, as its exclusion would prove the precursor of 
her decline, the herald of her shame. 

2. Teacher Independent. Neither the Examiner nor the Trustee ?hould 
ever inquire into the peculiar religious belief of a teacher, yet an Examiner 
should not license an immoral person, nor one who is a scoffer at the teachings of 
the Bible and things sacred. 

Our law, therefore, wisely leaves the whole matter of Bible reading and 
prayers with the good judgment and conscience of the teachers. To obligate 
them by contract to read the sacred Scriptures and hold prayers in their schools 
would be in exceedingly bad taste, if not sacrilegious; to refuse them the right, 
when they, in good faith and conscience, desire to do so, would be the very worst 
of tyranny. 

3. Devotional Exercises Can Not Be Enforced. You ask if a rule of the 
Board requiring "the reading of the Scriptures, with devotional exercises," can 
be enforced. As officers you should be governed by the Constitution and statutes 



SCHOOL LAW OF INDIANA. 163 

and not by any personal views you may hold. It is true the statute says: "The 
Bible shall not be excluded from the public schools of the State." But the State 
Constitution also says: 

(1) "All men shall be secured in their natural right to worship Almighty God 
according to the dictates of their own consciences." (K. S. 1881, § 47; R. vS. 1894, 
, 47; R. S. 1897, §47.) 

(2) "No law shall, in any case whatever, control the free exercise and enjoy- 
ment (jf religious opinions, or interfere with the rights of conscience." (E. S. 
1881, H8; R. S. 1894, g 48; E. S. 1897, § 48.) 

(3) "No preference shall be given, by law, to any creed, religious society, or 
mode of worship; and no man shall be compelled to attend, erect, or support any 
phtce uf worship, or to maintain any ministry, against his consent." (R. S. 1881, 
i 49; R. S. 1894, § 49; R. S. 1897, § 49.) 

(4) "No religious test shall be required as a qualification for any office of trust 
or profit." (R. S. 1881, § 50; R. S. 1894, § 50; R. S. 1897, § 50.) 

In view of there provisions of the State Constitution, it seems that the only 
thing the Legislature intended to authorize school authorities to do in section 
449o, is to put the Bible in the School and leave the use of it to the good judgment 
and conscience of the teacher. 

I'nder the law you are as a corporate body authorized to make and enforce all 
reasonable rules (not in conflict with the Constitution or statutes) for the successful 
conduct of the business entrusted to your care. The statute (section 154 above) 
clearly does not directly authorize such a rule, and I think it does not authorize 
it by implication. Such a rule might "interfere with the rights of conscience" 
either of the teacher, some of the pupils or parents, and it is, therefore, not 
warranted. Clearly the statute and the Constitution authorize the reading of the 
Bible, and prayer in the public schools, but it should be done by choice and not 
by compulsion; and when done it should be done in such a discreet wav as not to 
" interfere with the rights of conscience." Complete religious liberty is what the 
Constitution guarantees to every one, and this is what should be aimed at by the 
School Board and the teacher. This thought is aptly expressed in the Constitution 
of Virginia: "It is the mutual duty of all to practice Christian forbearance, love 
and charity toward each other." The School Board should practice forbearance, 
love and chai-ity toward the teacher, the pupils and parents. The opinion of any 
one, in connection with the school, of whatever religious faith, should be respected 
and held inviolate, as the Board would have its own opinions respected. — Depart- 
ment decision. 

155. Uniformity as to time — Numbering. 14. All scliools 
in a township shall be taught an equal length of time, as nearly 
as the same can be done, without regard to the diversity in the 
number of pupils at the several schools, or the cost of the school ; 
and each of said schools shall be numbered, by the proper 

Trustees, as School Xo. . (R. S. 1881, § 4494; R. S. 1894, 

§ 5981 ; R. S. 1897, § 6197.) 

1. UNiFOEiiiTY. The statute only requires the schools in the townships to be 
taught an equal length of time, as nearly as the same can be done. — Harmony 
School Tp. V. Moore, 80 Ind. 276. See also Maloy v. Madget, 47 Ind. 241. 



164 SCHOOL LA^W^ OF INDIANA. 

156. Calendar. 163. A school term of three months shall 
be sixty days, a school month twenty days, and a school week 
-five days. (R. S. 1881, § 4495; R. S. 1894, § 5982; R. S. 1897, 
§ 6198.) 

[1877, p. 124. Approved and in force March 5, 1877.] 

157. Colored children. 3. The Trustee or Trustees of such 
township, town or city may organize the colored children into 
separate schools of the township, town or city, having all the 
rights, privileges and advantages of all other schools of the 
township, town or city : Provided, That in case there may not 
be provided separate schools for the colored children, then such 
colored children shall be allowed to attend the public schools 
with white children : Provided further, That when any child 
attending such colored school shall, on examination and certifi- 
cate of his or her teacher, show to the Trustee or Trustees of 
any township, town or city, that he or she has made sufficient 
advancement to be placed in a higher grade than that afforded 
by such colored school, he or she shall be entitled to enter the 
school provided for white children of a like grade, and no dis- 
tinction shall therein be made on account of race or color of 
such colored child. (R. S. 1881, § 4496 ; R. S. 1894, § 5983 ; R. 
8. 1897, § 6199.) 

1. State's Power — Separate Schools. The system of common schools in 
this State has its origin in, and is provided for by, the Constitution and laws of 
the State. It is purely a domestic institution, and subject to the exclusive control 
of the constituted authorities of the State. The Federal Constitution does not 
provide for any general system of education to be conducted and controlled by 
the federal government, nor does it vest in the Congress any power to exercise a 
general or special supervision over the States on the subject of education. The 
classification of pupils on the basis of race or color, and their education in sejja- 
rate schools, involve questions of domestic policy which are within the legislative 
discretion and control, and does not amount to an exclusion of either class ; but 
since the ratification of the fourteenth amendment of the Federal Constitution, no 
system of schools would be general, uniform and equally open to all, as required 
by our own Constitution (E. S. 1881, §182; K. S. 1894, §182; E. S. 1897, §182), 
which did not provide for the education of the colored children. — Corey v. Carter, 
48 Ind. 327; State v. Gray, 93 Ind. 803; see Lewis v. Henley, 2 Ind. 332. 

2. Compulsion. The Township Trustee will not be required by mandate to 
establish separate schools for colored children, unless it is shown to be practicable. 
—State V. Grnbb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 

3. Separate Schools Permitted. The constitutionality of the law for the 
establishment of separate schools for colored and white children is settled. The 
discretion given to school officers to establish separate schools for colored children 



SCHOOL LAW OF INDIANA. 165 

can not be controlled by the courts, in the absence of malice or corruption, nor can 
the courts compel the admission of a child to a school already overcrowded, nor 
consider the competency of teachers, or the necessity of the graded schools, nor 
determine the grade to which a child is qualified to be admitted. — State v. Gray, 
93 Ind. 303. 

L1881 S., p. 580. Approved and in force April 7, 1881.] 

158. Indigent children. 3, It shall be the duty of each 
matron selected and appointed under the provisions of this act 
to provide the children committed to her care and custody with 
suitable and sufficient food and clothing, and to give them 
proper home training and education ; and, in furtherance of 
this object, she shall send to the common schools in the districts 
most convenient to the place where such children are kept, 
where they shall be received and taught at least three months 
in each year, all of such children under her care as are of the 
proper age to be admitted into such schools, and to give per- 
sonal attention to the instruction of those not of sufficient age 
to be received into such schools. It shall further be her duty, 
at all proper times when such children are not in school, nor 
engaged in study, to engage them in some active labor suited 
to their age and strength, to the end that they may become use- 
ful, industrious and self-supporting citizens. (R. S. 1881, § 6105 ; 
R. S. 1894, § 8181 ; R. S. 1897, § 8^640.) 

1. ScHooii Privileges — Enumeration. Such children are entitled to school 
privileges in the corporation in which the statute establishes their home, and 
should be enumerated accordingly. 

[1885, p. 125. Approved April 2, 1885, and in force July 18, 1885.] 

159. Appropriations for indigent children. 1. The Boards 
of Commissioners in the several counties of this State are hereby 
authorized to make suitable appropriations for the education, in 
the common school branches of learning, of the pauper children 
of their respective counties whenever, in the judgment of the 
Board of Commissioners, justice to the school district or dis- 
tricts wherein such pauper children are kept demands such 
assistance; and all expenditures authorized by this act, shall be 
made and paid out of the County Treasury, on warrants drawn 
by the Auditor on the order of the Board of Commissioners : 
Provided, That where there is no provision for a matron, or an 
insufficient number of children to require the services of a ma- 
tron, or the establishment of a separate school for the inmates 



166 SCHOOL LAW OF INDIANA. 

of such asylums, it shall be the duty of the Board of Commis- 
sioners to require the Superintendent of such asylum to send 
such children to the township schools. (R. S. 1894, § 6033 ; 
R. S. 1897, § 6315.) 

[1869, S., p. 40. Approved May 5, 1869, and in force August 16, 1869.1 

d 160. Branches taught. 147. The common schools of the 
State shall be taught in the English language ; and the Trustee 
shall provide to have taught in them orthography, reading, 
writing, arithmetic, geography, English grammar, physiology, 
history of the United States, and good behavior, and such other 
branches of learning and other languages as the advancement 
of the pupils may require and the Trustees from time to time 
direct. And whenever the parents or guardians of twenty -five 
or more children in attendance at any school of a township, 
town or city shall so demand, it shall be the duty of the School 
Trustee or Trustees of said township, town or city to procure 
efficient teachers and introduce the German language, as a 
branch of study, in such schools ; and the tuition in said schools 
shall be without charge : Provided, Such demand is made be- 
fore the teacher for said district is employed. (R. S, 1881, 
§ 4497 ; R. S. 1894, § 5984; B. S. 1897, § 6200.) 

1. Trustee's Duty — Mandate. In the Circuit Court of Johnson County 
the plaintiff asked for a writ of mandate to compel the defendants to have their 
children taught algebra and Latin in an ordinary district school. The court 
issued the mandate in regard to algebra, and refused it in regard to Latin, solely 
on the ground that the plaintiffs had not made a suitable demand on the Trustee 
in regard to that study, holding that it was his duty to cause Latin to be taught. 
if the attainments of the pupils required it, and that he could be compelled to do 
so by suitable proceedings. The court argued that sections 4497 and 4499 were 
not inconsistent with eaeh other. The intent of the Legislature was that "other 
branches of learning and other languages " should be taught in the public schools 
whenever the pupils therein were sufficiently advanced in the elementary branches, 
and in order that the legislative intent might be made effective two modes of act- 
ing were provided for: (1) The voters were empowered to act. But, lest from 
any cause they failed in their duty and left those entitled to the benefits of the 
public schools without a remedy, then (2) the School Trustee shall act, and, they 
being public officers, could be compelled by the courts to perform their duty in 
case they neglected to do the same. — Grubbs v. Williams, Johnson Co., 1880. 

2. Additional Studies. It has been asked whether it is the duty of School 
Trustees to provide a course of study adapted to the preparation of pupils for col- 
lege. The question should be answered in the affirmative. It is fair to assume 
that the Trustees must provide suitable instruction for all the children who have 



SCHOOL LAW OF INDIANA. 167 

a right to attend school ; that is, they must afford them such instruction as their 
attainments demand. If a child has mastered all the primary branches, and being 
less than twenty-one years of age, still desires to attend schools, the Trustees must 
provide suitable instruction for him. It is not reasonable to expect him to spend 
further time on branches which he has mastered. The fact that the law permits 
children to attend school until they are twenty-one years of age is presumptive 
proof that the Trustees may be required to furnish such instruction as is suitable 
to their attainments till they reach that age. I think the argument here adduced 
equally applicable to Trustees in cities as to those in townships, as the language 
of the statute applies to both alike. 

3. Music. The trustees may require all pupils to study music, to provide 
themselves with a certain kind of music books, and may prohibit the attendance 
of any pupil that refuses to comply with such requirement.— State v. Webber, 
108 Ind. 31. 

4. License for Teachers of Special Subjects. When a teacher is em- 
ployed to teach special subjects, he should be examined only on the subjects he is 
required to teach. 

5. Statute Construed. The words " any school " means any place where a 
public school is taught, with its complement of teachers and scholars. — City of 
Indianapolis v. State ex rel. Sander, 129 Ind. 14. 

6. German Must be Taught When Demand is Made. Where the requisite 
demand is made for tlie teaching of German in a certain school of the city, the 
requirement of the statute is not met by providing that the language shall be 
taught in another school of the city when the pupils have reached a certain grade; 
but it must be taught in the particular school where the demand is made. And 
the Board can not set up a lack of funds as an excuse for their refusal to intro- 
duce the study of German, where it appears that studies not named in the statute 
as required studies are taught at an expense greater than would be necessary for 
the teaching of German. — Board of School Commissioners of the City of Indian- 
apolis V. State ex rel. Sander, 129 Ind. 14. 

[ 1895, p. ST."). Approved March 14, 1895. In force June 28, 1895.1 

161. Effect of alcoholic drinks and narcotics. 1. The 

nature of alcoholic drinks and narcotics and their eiFects on the 
human system in connection with the subjects of physiology 
and hygiene, shall be included in the branches to be regularly 
taught in the common schools of the State and in all educa- 
tional institutions supported wholly or in part by money re- 
ceived from the State ; and it shall be the duty of the Boards 
of Education and boards of such educational institutions, the 
township trustees, the Board of School Trustees of the several 
cities and towns in this State to make provisions for such in- 
struction in the schools and institutions under their jurisdiction, 
and to adopt such methods as shall adapt the same to the 
capacity of the pupils in the various grades therein ; but it shall 



168 SCHOOL LAW OF INDIANA. 

be deemed a sufficient compliance with the requirements of this 
section if provision he made for such instruction orally only, 
and without the use of text-hooks hy the pupils. (R. S, 1897, 

§ 6201.) 

162. Teachers examined concerning. 2. ]^o certificate 
shall he granted to any person (on) or after the first day of 
July, 1895, to teach in the common school or in any educational 
institution supported as aforesaid who does not pass a satisfac- 
tory examination as to the nature of alcoholic drinks and nar- 
cotics and their effects upon the human system. (R. S. 1897, 
§ 6118.) 

163. Failure to teach effects — Dismissal. 3. Any Super- 
intendent or rrincipal of, or teacher in any common school or 
educational institution supported as aforesaid who willfully re- 
fuses or neglects to give the instruction required by this act 
shall be dismissed from his or her employment. (R. S. 1897, 
§ 6202.) 

[1S65, p. 3. Approved and in force March 6, 1865.] 

164. Voters' meeting — School Director. 25. The voters 
shall meet, annually, on the first Saturday in October, and elect 
one of their number Director of such school; who shall, before 
entering upon duty, take an oath faithfully to discharge the 
same. The Director so elected shall, within ten days after said 
election, notify the Trustee of his election ; and, in case of fail- 
ure to elect, the Trustee shall forthwith appoint a Director of 
said school. But any Director so appointed may be removed, 
upon a petition of three-fourths of the persons attached to said 
school who are entitled to vote at school meetings. (R. S. 1881, 
§ 1498; R. S. 1894, § 5985 ; R. S. 1897, § 6203.) 

1. Voters at School Meetings. Voters at the school meetings of a district 
are all taxpayers, male and female, except married women and minors, who have 
been listed as parents, guardians or heads of families, and attached to such dis- 
trict. Taxpayers are those persons who are liable to pay taxes, either poll or upon 
property. Any voter at the school meeting, a woman if unmarried, is eligible to 
the office of Director. 

Transferred persons are voters in the district to which they are attached. 
Persons who have moved into the district since the enumeration are votere. 

2. Officees — Elected and Appointed. It is only elected officers that hold 
until their successors are elected and qualified. An appointee to fill a vacancy 
can only serve out the unexpired term. 



SCHOOL LAA7 OF INDIANA. 169 

3. Lkted AND Attached. To be "listed as parents, guardians or heads of 
families" means that the Trustee in taking the enumeration listed them, that is, 
put them on the enumeration list or report, and " attached," that is, assigned 
them to a certain district for school purposes. 

4. This section has no application to incorporated towns and cities. — City of 
Crawfordsville v. Hays, 42 Ind. 200. 

[1873, p. 68. Approved and in force March 8, 1873.] 

165. Other meetings — Powers. 26. The voters at school 
meetings may hold other school meetings at any time upon the 
call of the Director or any iive voters. Five days' notice shall 
he given of such meeting, hy posting notices in jB.ve public places 
in the vicinity; but no meeting shall be illegal for want of such 
notice, in the absence of fraud ; and the legality of such pro- 
ceedings, if called in question, shall be determined by the Trustee 
of the township, subject to an appeal to the County Superin- 
tendent, whose decision shall be final. Such school meetings 
shall have power to determine what branches, in addition to 
those mentioned in section thirty-four of this act [§ 74], they desire 
shall be taught in such school, and the time at which such school 
shall be taught : Provided, however, That the tuition revenue 
apportioned to the school shall be expended within the school 
year for which it was apportioned : Provided, further. That such 
school year shall begin on the first Monday of July. Such school 
meetings shall likewise have the power to fill vacancies that 
may occur in the office of Director ; to direct such repairs as 
they may deem necessary in their school house ; to petition the 
Township Trustee for the removal of their school house to a 
more convenient location, for the erection of a new one, or the 
sale of an old one and the lands belonging thereto, and upon 
any other subject connected therewith; and at such meetings 
all taxpayers of the district shall be entitled to vote, except 
married women and minors : Provided, That nothing herein 
contained shall prevent the Trustee from exercising a sound 
discretion as to the propriety or expediency of making such 
repairs, removing or erecting school houses, and the cost thereof. 
(R. S. 1881, § 4499; E. S. 1894, § 5986; R. S. 1897, § 6204.) 

1. School Meetings in Cities. The machinery of school meetings and 
School Directors is unprovided for and unknown in cities and towns. — City of 
Crawfordsville v. Hays, 42 Ind. 200. 



170 SCHOOL LAW OF INDIANA. 

2. Appeai. to County Superintendent — Location of School House. An 
appeal lies in the matter of locating a school house from the decision of the Town- 
ship Trustee to the County Superintendent, and the decision of the Superintend- 
ent is final, although not entered in the Superintendent's record until after it is 
made. On such an appeal the Superintendent may affirm or revoke the decision 
of the Trustee to build or not build at a certain place ; but he can not direct that 
the school house be built in an entirely different place. — Knight v. Woods, 129 
Ind. 101. 

3. Ownership of Land. A Township Trustee can not, by mandate, be 
required to locate and build a school house on land that does not belong to the 
township, notwithstanding the County Superintendent, on an appeal from his 
decision, has rendered a judgment requiring him to erect a school house on said 
land. It is not enough that a petition by certain inhabitants of the proper school 
district to the Trustee, praying for such location and building, states that the land 
will be deeded to the township on the acceptance of the location by the Trustee 
and his order to build. — Koontz v. State, 44 Ind. 323. 

4. Appeal — Reversal — Location — Private Buildings. On appeal, a 
County Superintendent i-eversed the decision of the Trustee, locating a school 
house. Again, on appeal, he reversed another decision by such Trustee, refusing 
to locate the school house at a place designated by the Superintendent in his first 
reversal. Thereupon the Trustee located the house at an entirely different place, 
but near (150 yards from) where he had first located it. The court decided that 
he could not be prohibited from locating the school house at the place last chosen, 
and that the County Superintendent can not make the location, and that his 
decision on appeal is final only for the time. — State v. Mewhinney, 67 Ind. 397. 
(This case overrules Trager v. State, 21 Ind. 317, and State v. Custer, 11 Ind. 210, 
on this point.) 

5. Private Schools. The facts in this case were that the legal voters and 
patrons of school district No. 16 held a meeting, and by resolution requested the 
Township Trustee to fit up an additional school room and procure a teacher for 
said room. The Trustee declined to comply, and an appeal was taken to the 
County Superintendent, who reversed the Trustee's decision. This action was by 
mandate to compel the Trustee to comply with the request. The Trustee answered 
that the land whereon the said school had been conducted did not belong to the 
township, but was individual property, which had not been leased or otherwise 
secured by the township; that said district never had a school building; that 
other schools had been established, and an arrangement made to accommodate 
the children of No. 16, which had been abolished. The complaint, it was decided, 
stated no cause of action. The statutes permitting the voters to hold school meet- 
ings and direct the repairs, etc., of the school buildings has only reference to 
public schools. The statute has no reference to private schools, nor to private 
buildings of any kind not leased to the township for school purposes. Where the 
voters direct repairs to be made elsewhere than the public school building, the 
Trustee has no right to obey, and the decision of the County Superintendent 
otherwise is a nullity. The Trustee had authority to abolish No. 16 and provide 
other educational facilities for the children thereof. State v. Sherman, 90 Ind. 
123; Tufts V. State, 119 Ind. 232. 

6. Decision of County Superintendent Final. The decision of the 
County Superintendent is final as to the location selected by the Trustee. — Knight 
V. Woods, 129 Ind. 101. See note 2. 



SCHOOL LAW OF INDIANA. 171' 

7. Notice is Jurisdictional. Until the notices provided for have all been 
given and posted as required, giving the time, place and purpose of the meeting, 
the meeting will be illegal. 

8. Plurality Will Control. In this country it is generally understood 
that, in the absence of any statutory provision expressly requiring more, a 
plurality of the votes cast will elect. 

9. Discretion of Trustee. Tlie question as to where a township school 
house shall be located, and when land shall be acquired for that purpose, is left 
to the discretion of the School Trustee. — Braden v. McNutt, 114 Ind. 214. 

10. Eemoval — Statute Kepealed. So much of the above statute as relates to 
the relocating or remoiKil of a school house has been repealed by sections 166, 167 
and 168. 

[1865, p. 3. Approved and in force March 6, 1865.] 

166. Estimate of expenses. 27. When sucli meetings shall 
petition the Trustee in regard to repairs, removal or erection 
of a school house, they shall also furnish to such Trustee an 
estimate of the probable cost of such repairs, removal or erec- 
tion. (R. S. 1881, § 4500 ; E. S. 1894, § 5987 ; R. S. 1897, § 6205.) 

1. Petition of Patrons. A petition for the location, etc., of a school house 
may be signed and presented to the Trustee, and an appeal taken therefrom, 
although such petition did not originate, nor was it signed, at a school meeting. — 
Trager r. State, 21 Ind. 317. 

2. Subscription — Liability. Where citizens of a school township petition 
for the location of a school district and the erection of a school house therein, 
designating the size of the house, location, etc., and subscribing sums of money to 
aid in its construction, to be paid when the walls are erected to the square, and 
the subscription is accepted by the Trustee, before the amounts subscribed can be 
recovered, the school township must substantially comply with the terms of the 
subscription. — Suit r. Warren School Township, 8 Ind. App. 655. 

3. Injury to Pupil by Reason of Defect in School House. Neither a 
school city, town nor township is liable to a pupil (or any other person) for an 
injury occasioned by a defect in a school house, although such defect could have 
been repaired and the injury prevented. — Freel r. School City of Crawfordsville, 
142 Ind. 27. 

[1893, p. 17. Approved February 7, and in force May 18, 1893.] 

167. Changing site of school house. 1- Whenever it 
becomes necessary for the Trustee of any township in this State 
to change and re-establish the site of an}^ school building and 
remove said building to a new site and location therefor, such 
Trustee shall first present to the County Superintendent of 
Schools of the county in which such township is situated, a 
petition setting forth therein the place and particular point to 
where it is desired to change and relocate the site of any such 
building, and to remove the same thereto, together with a brief 



"172 SCHOOL LAW OF INDIANA. 

statement of the purposes and reasons for such proposed change 
of location of said school building, and upon such petition shall 
first procure an order from such County Superintendent, author- 
izing him to change the site and location of such school build- 
ing, and rem.ove said building to its new site and location: 
Provided, That said petition shall be signed by said Trustee and 
the majority of the patrons of the school where said building 
is located, and satisfactory proof shall be made to said County 
Superintendent that the persons signing said petition constitute 
a majority of the patrons of said school. (E. S. 1894, § 5920a; 
R S. 1897, § 6219.) 

168. Notice of petition to change. 2. Before such 
County Superintendent shall grant such order such Trustee 
shall make and file with said Superintendent his affidavit that 
he has caused notice to be given of such petition, the purposes 
thereof, the place of the change of location of such school 
"building, and the time when the same will be presented to the 
said County Superintendent by posting notices in not less than 
five public places in his township, three of which shall be in the 
immediate neighborhood from where such school building is to 
be removed, at least twenty days prior to the time when the 
same is to be heard by said County Superintendent. (R. S. 1894, 
§ 5920b ; R. S. 1897, § 6220.) 

169. Misdemeanors. 3. The Trustee of any township 
in this State violating the provisions of this act shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined 
in any sum not less than fifty nor more than five hundred dol- 
lars. (R. S. 1894, § 5920c; R. S. 1897, § 6221.) 

[1891, p. 111. Approved and in force March 5, 1891.] 

170. Doors must swing outward. 243. Whoever, being 
the owner, manager, lessee, trustee, or person having the charge 
of any theater, opera-house, museum, college, seminary, church, 
school house, or other public building, refuses or neglects to 
cause all the doors thereof, constructed for the purpose of in- 
gress and egress, whether inner or outer doors, to be so hung 
that the same shall swing outwardly, shall be fined in any sum 
not exceeding one thousand 'dollars nor less than ten dollars. 



SCHOOL LAW OP INDIANA. 173 

to which may be added imprisonment in the county jail for any 
period not exceeding six months : Provided, That this section 
shall not apply to the outer doors of one-story churches and 
school houses. (R. S. 1894, § 2276 ; R. 8. 1897, § 2312.) 

[1883, p. 30. Approved February 27, 1883, and in force June 5, 1883.] 

171. Teachers, employment and dismissal. 28. Trustees 
shall employ no person to teach in any of the common schools 
of the State of Indiana, unless such person shall have a license 
to teach, issued from the proper State or county authority, and 
in full force at the date of the employment. Any teacher who 
shall commence teaching any such school without a license, 
shall forfeit all claim to compensation out of the school revenue 
for tuition for the time he or she teaches without such license ; 
hut if a teacher's license shall expire by its own limitation with- 
in a term of employment, such teacher may complete such term 
of employment within the then current year. The said Trustee 
shall not employ any teacher whom a majority of those entitled 
to vote at school meetings have decided at any regular school 
meeting, they do not wish employed ; and at any time after the 
commencement of any school, if a majority of such voters peti- 
tion such Trustee that they wish the teacher thereof dismissed, 
such Trustee shall dismiss such teacher, but only upon due 
notice, and upon good cause shown ; but such teacher shall be 
entitled to pay for services rendered. (R. S. 1894, §5988; R. 
S. 1897, § 6206.) 

1. License Essential. A valid contract for the teaching of a public school 
can not be made by a Trustee with one who, at the time, has no license to teach 
in the county, and the subsequent procurement of a license does not validate the 
contract. — Butler v. Haines, 79 Ind. 575. And a person can neither recover com- 
pensation for services rendered as teacher, nor damages for breach of contract for 
such services, unless he was licensed to teach as prescribed by the statutes. — 
Jackson School Township v. Farlow, 75 Ind. 118. See also Harrison Township v. 
Conrad, 26 Ind. 337, and Putnam i-. School Town of Irvington, 69 Ind. 80. 

2. Teachers' Contracts. A contract to teach school, which is left blank in 
respect to the terms of employment, and contains no stipulation as to how the 
blanks shall thereafter be filled is not binding; but if treated as a contract of em- 
ployment for an indefinite time the damages for its breach would be nominal 
only. — Atkins v. Van Buren School Township, 77 Ind. 447; Marion School Town- 
ship V. Carpenter, 12 Ind. App. 191. 

The fact that a Trustee has no funds is no defense to a teacher's claim for 
compensation, nor an excuse for refusing to allow him to complete his term of 
employment. — Harmony School Township v. Moore, 80 Ind. 276. 



174 SCHOOL LAW OF INDIANA. 

The court, after a failure to make the money on execution, may order the 
judgment in favor of the teacher to be paid out of the school funds of the town- 
ship in the county treasury. — Town of Miiford v. Simpson, 11 Ind. 520. 

A teacher of a common school is entitled to compensation, if failure to actu- 
ally conduct the school each day of the term was caused by the act or omission 
of the school authorities; and where the evidence shows that a strict performance 
by the teacher of the conditions of the contract has been prevented or waived by 
such act or omission, a recovery can not be defeated by such failure. — Charles- 
town School Township v. Hay, 74 Ind. 127. 

To recover for his services, the teacher must sue the school township, and not 
the civil township. — Harrison Township v. McGregor, 67 Ind. 380. If the con- 
tract be with the "Township Trustee," the contract may be reformed by alleging 
and proving that it was with the school township, and when so reformed it may 
be enforced.— Sparta School Tp. v. Mendell, 138 Ind. 188. 

If the number of days to be taught be left blank, the actual number agreed 
upon may be shown by oral evidence, in a suit on the contract for a breach of 
its terms. — Marion School Tp. v. Carpenter, 12 Ind. App. 191. 

3. Signing Conteact. Where a vSchool Board in session passed, and en- 
tered of record, an order employing a teacher, this was a valid employment, and 
the subsequent signing by the Trustees at different times can not affect it. — School 
Town of Miiford v. Zeigler, 1 App. 138. 

4. Protest Against Teacher. A protest against a teacher to be binding 
must be made at a school meeting regularly called and conducted according to 
law before the employment of the teacher, and by a majority of all the persons 
entitled to a vote at such meeting, not merely a majority of those present. The 
persons entitled to vote at the school meeting of a district are all tax payei's, male 
and female, except married women and minors, who have been listed by trustees 
as parents, guardians, or heads of families, and attached to such district. 
(§ 4498-1.) The patrons are by law entitled to protest against the employment of 
any teacher. It is the Trustee's duty to allow them an opportunity to make their 
protest in the manner provided by law, and, if he is notified that a school meeting 
■will be called for that purpose, any contract he may make with a teacher will be 
subject to the action of such meeting. Patrons are not empowered to select teach- 
ers (g dill 2), and they can not effect a selection indirectly by protesting against 
all the world except a certain person. The protest must name definitely the per- 
son or persons against whom it is directed. 

5. DiSMissAX, OF Teachers. A teacher employed for a definite time may be 
discharged for incompetency; but if he is competent, and is, in all things, fulfill- 
ing his contract, he can not be, without his consent. — School City of Crawfordsville 
V. Hays, 42 Ind. 200. But when the teacher is improperly discharged, the school 
corporation, not the Trustees personally, is liable. — Morrison v. McFarland, 51 Ind. 
206 ; Butler v. Haines, 79 Ind. 575. If a teacher be employed to teach a particular 
school, and he is not permitted to do so, it is no defense in a suit for a breach of con- 
tract, that he was offered another school in the same township, unless it be shown 
that the conditions and number of children at the latter were such that it would cer- 
tainly not be discontinued before the other. — Sparta School Tp. v. Mendell, 138 
Ind. 188. j 

This is the language of the Supreme Court, and, although made with refer-! 
ence to a city, is an enunciation of the common law principle, and is, I think, ap- 
plicable to the case of dismissal of a teacher by a Township Trustee, without a 



SCHOOL LAW OF INDIANA. 175 

petition from the patrons. If the teacher breaks the contract, it seems to me that 
the Trustee should not be bound by it. The law requires the Trustee to investigate 
charges made against a teacher by a majority of the voters of the district, but it is 
held that he may investigate charges made by any number of responsible patrons. 
The decision of the Supreme Court, upon an analagous question, in Thager v. 
State, 21 Ind. 317, justifies this oi^inion. 

6. Holidays. Recognized holidays can not be deducted from the time for 
which a school teacher contracts to teach, and his pay reduced accordingly. He 
is entitled to pay for such days, even though he does not teach. 

7. In Cities and Towns. The latter part of this section (concerning the 
power of school meetings and the employment and discharge of teachers) has no 
application to cities and incorporated towns. But if, in such cities and towns, the 
teacher be incompetent, or fail in the duties of teacher, he may be dismissed by 
the School Trustees. — School City of Crawfordsville v. Hays, 42 Ind. 200; Put- 
nam V. School Town of Irvington, 69 Ind. 80. 

8. Unlicensed Person May Eecover Eeasonable Wages. If a Trustee 
permits an unlicensed person to begin teaching, and pays such person out of the 
tuition revenue, the amount so paid may be recovered by any person interested. 
County Commissioners should allow no credit for money so paid. But a person 
so permitted to teach may enforce the payment of reasonable compensation from 
the Trustee as an individual. — Morrison v. McFarland, 51 Ind. 206. 

9. CoNTKACT Must Not Conflict with Law. A contract with a teacher 
must not conflict with the law in any particular. — Atkinson v. Allen, 29 Ind. 375; 
Hafert v. Scroggins, 40 Ind. 195; Spears v. Wood, 48 Ind. 541. A teacher con- 
tracts with reference to the statute. — Owen School Township v. Hay, 107 Ind. 351. 

10. Epidemics— No Reductions from Teachers' Salary for Time Lost by 
Reason of. Small-pox is not actus Dei in such a sense as to excuse a school dis- 
trict from liability on a contract with a teacher, the performance of which the 
-district has prevented by closing the school. The act of God which will release 
one from the obligation of a contract is one which renders its performance im- 
possible. — School Town of Cai'thage v. Gray, 10 Ind. App. 428. 

11. Contract with De Facto Board Binding Unless Fraud is Proven. 
When trustees, with the acquiescence of the town, continue to act as such, after 
the expiration of their term and before their successors are appointed, they are 
officers de facto, and their contract with a teacher is binding. Such contract can 
not be assailed by their successors subsequently appointed, when it is not alleged 
and proven that the teacher was a party to the fraud to forestall them. — School 
Town of Milford v. Zeigler, 1 Ind. App. 138. 

12. Employment of Teacher. A finding that the plaintiff was employed 
as a teacher by K., who was at the time Trustee of the township, sufficiently 
shows that the employment was by the School Trustee, the Township Trustee be- 
ing ex officio School Trustee. — White v. Kellog, 119 Ind. 320. But this would not 
be so of incorporated towns, as they have a Board of Civil Trustees and a Board 
of School Trustees. 

13. Abolishing Department Does Not Affect Contract. A teacher is not 
discharged by abolishing the department in which he is engaged, or removing him 
to another and lower grade. — School Town of Milford v. Zeigler, 1 Ind. App. 138; 
27 N. E. Rep. 303; White v. Kellogg, 119 Ind. 320. 

14. Cash Advanced to' Teachers. A Township Trustee who, in good faith, 
•employs necessary and proper teachers, and when it is unexpectedly found that 



176 SCHOOL LAW OF INDIANA. 

the public funds provided are insufficient to pay them in full, advances the deficit 
out of his own money, has a demand against the school township which he may 
recover. — Kiefer v. Troy School Township, 102 Ind. 279. 

15. Injunction to Restrain Execution of Contract. A Board of School 
Trustees can not be enjoined from violating its contract with a person for his per- 
sonal services as a teacher. — Schwier ?'. Zetike, 136 Ind. 210. 

r6. Slander — Charge that Teacher is Cruel. A County Superintendent 
and a Township Trustee are not liable for falsely charging a teacher with cruelty, 
incompetency and neglect in the exercise of his duties, if they act in good faiths 
— Branaman v. Hinkle, 137 Ind. 496. 

[1893, p. 34. Approved and in force February 17, 1893.] 

172. Terms for which teachers may be employed. After 
the passage of this act it shall be unlawful for any Township 
Trustee to contract with any teacher to teach in any common 
school if the actual term of service of such teacher under such 
contract does not begin before the expiration of the term of 
office of such Trustee. Every contract made in violation of the 
provisions of this section shall, as to the township represented 
by such Trustee, and the school fund thereunto belonging, be 
absolutely void ; but such Trustee shall be personall}' liable to 
such teacher for all services rendered under such contract, and 
for all damages which he may sustain by reason thereof. (R. S. 
1894, § 5989 ; R. S. 1897, § 6207.) 

1. Contract of Predecessor. A School Trustee can not ignore his prede- 
cessor's contract because of mere formal and technical errors. — Sparta School 
Tp. v.. Mendell, 138 Ind. 188. 

2. Contracts Before 1893. Prior to the passage of the above section a 
contract by a retiring Township Trustee was valid, although the term of school 
did not begin until after such Trustee's successor had come into his office. — School 
Town of Milford v. Zeigler, 1 Ind. App. 138; Renbelt v. School Town of Nobles- 
ville, 106 Ind. 478; Litten v. Wright School Tp., 1 Ind. App. 92. As to sufficiency 
of a complaint in an action by a teacher for pay for his services, see School Town 
of Eochester v. Shaw, 100 Ind. 268, and Owen School Tp. v. Hay, 107 Ind. 351. 

[1865, S., p. 143. Approved and in force December 20, 1865.] 

173. Special examination. 35. If the persons attached to 
and forming a school district have, at their school meeting, 
designated other or a less number of branches of learning than 
those in section thirty-four of this act (§ 74) mentioned, which 
they, desire to have taught in their school, the Trustee, in 
employing a teacher for said school, shall require said teacher 
to be examined as to his qualifications to teach the branches. 



SCHOOL LAW OF INDIANA. 177 

of learning required by said school meeting. (R. S. 1881, § 4502 ; 
R. S. 1894r§ 5990 ; R. S. 1897, § 6208.) 

[1865, p. 3. Approved and in force March 6, 1865.1 

174. Director's duties. 29. The Director of each school 
shall preside at all meetings of the inhabitants connected 
therewith, and record their proceedings. He shall also act as 
the organ of communication between the inhabitants and the 
Township Trustee. (R. S. 1881, § 4503 ; R. S. 1894, § 5991 ; R. S. 
1897, § 6209.) 

175. He has charge of the school house. 30. He shall 
take charge of the school house and property belonging thereto, 
under the general order and concurrence of the Trustee, and 
preserve the same ; and shall make all temporary repairs of the 
school house, furniture and fixtures, and provide the necessary 
fuel for the school, reporting the cost thereof to the Trustee for 
payment. (R. S. 1881, § 45^04; R. S. 1894, § 5992; R. S. 1897, 
§ 6210.) 

1. Possession of House. We think the Trustee has charge and possession 
of the school house, for although the Director has the charge for certain purposes, 
he acts under the order and concurrence of the Trustees. — Hurd v. Walters, 48 
Ind. 148. 

176. Visits school — May exclude pupils. 31. He shall 
visit and inspect the school, from time to time, and, when nec- 
essary, may exclude any refractory pupil therefrom ; but the 
exclusion of any pupil from the school for disorderly conduct 
shall not extend beyond the current term, and may be, in the 
discretion of the Director, for a shorter period. (R. S. 1881, 
§ 4505; R. S. 1894, § 5993; R. S. 1897, § 6211.) 

1. Teacher's Powek as to Discipline. The law is well settled, as it seems 
to us, that the teacher has the right to exact from his pupils obedience to his 
lawful and reasonable commands, and to punish disobedience. In a recent Wis- 
consin case it was well said: "In the schools, as in the family, there exists on 
the part of the pupils the obligations of obedience to lawful commands, subordina- 
tion, civil deportment, respect for the rights of other pupils, and fidelity to duty. 
These obligations are inherent in any proper school system, and constitute, so to 
speak, the common law of the school. Every pupil is presumed to know this law, 
and is subject to it, whether it has or has not been reenacted by the District Board 
in the form of written rules and regulations." — Danenhoffer v. State, 69 Ind. 295. 

12 — ScH. Law. 



178 SCHOOL LAW OF INDIANA. 

2. Teacher and Pupil — Rules for Government of School — Unrea- 
sonable Rule. A rule evstablished by the teacher of a public school, requir- 
ing pupils to pay for the wanton and careless destruction of school property, is 
unreasonable, and a teacher has no right to enforce such a rule by chastisement. 

Carelessness on the part of children is one of the most common and yet one 
of the least blameworthy of their faults. In simple carelessness there is no pur- 
pose to do wrong. To punish a child for carelessness in any case, is to punish it 
where it has no purpose or intent to do wrong or violate rules. But beyond this 
no rule is reasonable which requires of the pupils what they can not do. The vast 
majority of pupils, whether small or large, have no money at their command with 
which to pay for school property which they injure or destroy by carelessness or 
otherwise. If required to pay for such property they would have to look to their 
parents or guardiang for the money. If the parent or guardian should not have 
the money, or if they should refuse to give it to the child, the child would be left 
subject to punishment for not having done what it had no power to do. — State v. 
Vanderbilt, 116 Ind. 11. 

3. Corporal Punishment. A teacher may punish a pupil with kindness, 
prudence and propriety, for disobedience of his proper commands; and when the 
punishment is reasonable, he can not be prosecuted for assault and battery. — 
Cooper V. McJunkin, 4 Ind. 290; Danenhoflfer v. State, 69 Ind. 295. 

The teacher may exact compliance with all reasonable commands, and enforce 
obedience by inflicting corporal punishment, in a kind and reasonable manner, 
upon a pupil for disobedience. Such punishment must be within the bounds of 
moderation, and apportioned to the gravity of the offense; but when complaint is 
made, the judgment of the teacher as to what the situation required should have 
weight, as in the case of a parent under similar circumstances, and the reason- 
ableness of the punishment must be determined upon the facts of the particular 
case. The presumption is that the teacher did nothing more than his duty. The 
legitimate object of chastisement is to inflict punishment by the pain which it 
causes, as well as by the degradation it implies; and it does not follow that chas- 
tisement was cruel or excessive because pain was produced, or abrasions of the 
skill resulted from a switch used by the teacher. When a proper weapon has been 
used, the character of the chastisement with reference to any alleged cruelty or 
excess, must be determined by the nature of the offense, the age, physical and 
mental condition, as well as the personal attributes, of the pupil, and the deport- 
ment of the teacher. — -Vanvactor i'. State, 113 Ind. 276; Danenhofier t'. State, 79 
Ind. 75. 

4. Damages. Public officers to whom matters may be submitted for their 
determination, the consideration of which requires an exercise of their deliberative 
judgments, are not answerable in damages for mere errors of judgment, unaccom- 
panied with malice or bad faith. — Fertich v. Michener, 111 Ind. 472. 

5. Mandamus. Mandamus lies to compel the restoration of a pupinl illegally 
suspended or expelled. — State r. White, 82 Ind. 278. 

6. Not Contempt of Court. A boy was suspended for violation of a rule 
and readmitted by order of the court. He was suspended a second time for viola- 
tion of the same rule, and it was held that the second suspension was not a con- 
tempt of court. — Bowers v. State, 127 Ind. 272. 



SCHOOL LAW OF INDIANA. 179 

177. Appeal to Trustee. 32. The decision of a Director 
in excluding a pupil shall be subject to appeal to the Township 
Trustee, whose decision shall be final. (R. S. 1881, § 4506 ; R. 
S. 1894, § 5994; R. S. 1897, § 62,12.) 

1. How Appeal Taken. The parent or guardian, or the pupil himself, may 
appeal. No formal documents are necessary, and the Trustee has the right to 
make an investigation upon a verbal statement. But he should make a record of 
the facts in the case and of his decision thereon. 

178. Insulting teacher. 162. If any parent, guardian, or 
other person, from any cause, fancied or real, visit a school with 
the avowed intention of upbraiding or insulting the teacher in 
the presence of the school, and shall so upbraid or insult the 
teacher, such person, for such conduct, shall be liable to a fine 
of not more than twenty-five dollars, which, when collected, 
shall go into the general tuition revenue. (R. S. 1881, §4507; 
R. S. 1894, § 5995 - R. S. 1897, § 6213.) 

1. Part Unconstitutional. The provision that the proceeds of the fine 
shall go into the general tuition revenue is void, since the Constitution (viii, 2) 
makes fines assessed for breaches of penal laws of the State a part of tlie common 
school fund. 

2. Assault on Teacher. A Township Trustee and the School Director, 
upon the refusal of a duly employed teacher to allow a vacation of the school for 
a time, which they and certain patrons of the school had demanded, entered the 
school house, of which the teacher was in rightful, peaceable possession, seized 
him, and pulled, dragged and threw him out of the building, and inflicting serious 
injuries upon him; they were held guilty of a wrongful assault and battery, and 
liable for the damage he sustained. — White v. Kellogg, 119 Ind. 320. 

179. Title of school property. 157. The title to all lands 
acquired for school purposes shall be conveyed to the township, 
incorporated town, or city for which it is acquired, in the cor- 
porate name of such township, town or city, which irf used for 
school purposes, for the use of common schools therein. In all 
cases in which the title to any such land is vested in any other 
person or corporation than as above provided, it shall be the 
duty of the Trustee, for school purposes of the township, town, 
or city, to procure the title to be vested as in this section pro- 
vided. (R. S. 1881, §4508; R. S. 1894, §5996; R. S. 1897, 
§ 6214.) 

1. Trust Title — Change of Trustee. The corporation (township, town, 
or city) holds the title in trust for school purposes, and upon the incorporation of 



180 SCHOOL LAW OF INDIANA. 

a town, it becomes the ti-ustee, and entitled to such real estate as lies within its 
boundaries — Carson v. State, 27 Ind. 465; School Town of Leesburg v. Plain 
School Township, 86 Ind. 582 — and can compel the Trustee of the township to 
convey the school-house and lot to it. — School Township of Allen v. School Town 
of Macy, 109 Ind. 559. A town organized as a school corporation is the proper 
plaintiiF in an action to recover land previously deeded for school purposes to the 
school township in which it is situated. Newpoint Lodge v. School Town of 
Newpoint, 138 Ind. 141. 

2. Formation of Tovtn — Eeventje. If a town is formed out of a portion 
of a township, the School Trustees of the town are entitled to demand and receive 
of the Township Trustee the proportion of school moneys belonging to the town, 
and it is the duty of the Township Trustee to ascertain the amount and pay it 
over to the Town School Board. — Johnson v. Smith, 64 Ind. 275. 

So when a new township is created by a division of the territory of an existing 
township, the former is entitled to an equitable division of the school fund 
belonging, or to be apportioned, to the township as originally constituted ; and if 
there be no debt to be provided for, the new. township should receive its propor- 
tionate share of the special school revenue and tuition fund, which should be 
apportioned upon the basis of the enumeration of school children residing in the 
territory constituting such new township. — Towle v. Brown, 110 Ind. 65, 599. 

3. Corporate Limits — Conditional Deed. A school corporation can not 
establish a school outside of its territorial limits. — State v. Shields, 56 Ind. 521. 

You say that a lot was deeded to a township "for school purposes," and ask if 
the house built thereon will revert to the original owner if the Trustee decides to 
change the location of the school house. If the above quotation is all that is 
expressed in the deed upon that subject, then I think the property will not revert 
to the original owner. If the deed should say '^so long as used for school purposes," 
then I suppose it might revert to the original owner. — Newpoint Lodge v. School 
Town of Newpoint, 138 Ind. 141. 

4. Highways. Real estate and buildings held by a school township for 
school purposes are subject to appropriation for highways, as other private prop- 
erty. — Eominger v. Simmons, 88 Ind. 453. 

180. Use of school house. 158. When a school house is 
unoccupied by a common school of the State, and the people 
who form the school at such house desire that a private school 
be taught therein, and a majority of them make application to 
the Trustee having charge of such house for the use of it for 
such private school, it shall be the duty of the Trustee to per- 
mit said school house to be used for such private school by such 
teacher as may be mentioned in the application, but not for a 
longer time than until said house may be wanted for a public 
school; and such permission and use shall be upon the condi- 
tion that the teacher employed in said school shall report, in 
writing, to the Trustee — 

Fi7'$t. The number of teachers employed, distinguishing be- 
tween male and female. 



SCHOOL LAW OF ESTDIANA. 181 

Second. The number of pupils admitted into the school 
within the term, and the average daily attendance. 

Third. The cost of tuition, per pupil per month, in said 
school. (R. S. 1881, §4509; R. S. 1894, §5998; R. S. 1897, 
§6215.) 

[1859, p. 181. Approved March 3, 1859, and in force Aug. 6, 1839.] 

181. Use of school house. 6. If a majority of the legal 
voters of any school district desire the use of the school house 
of such district for other purposes than common schools, when 
unoccupied for common school purposes, the Trustee shall, upon 
such application, authorize the Director of such school district 
to permit the people of such district to use the house for any 
such purpose, giving equal rights and privileges to all religious 
denominations and political parties, without any regard what- 
ever to the numerical strength of any religious denomination 
or political party of such district. (R. S. 1881, §4510; R. S. 
1894, §5999; R. S. 1897, §6216.) 

1. Use of School House. The Trustee, upon application of a majority of 
the legal voters of a school district, may authorize the Director to permit the use 
of the house for other than school purposes, and a complaint to enjoin such use 
must aver that a majority of the legal voters of the district have not expressed a 
desire therefor. — Hurd v. Walters, 48 Ind. 148. 

2. Trustee's Power and Duty. The Trustee is made responsible for the 
care, management and preservation of the school houses in his school corporation. 
This trust he can not alienate. It is true that it is his duty to permit the school 
house to be used for other than school pui-poses when the terms of the law have 
been complied with, but it is equally true that it is contemplated by the law that 
the Trustee shall retain such control of the school house as will enable him to 
enforce the provisions of the law. Inasmuch as the Trustee must give equal rights 
and privileges to all religious denominations and political parties, it is clear that 
he can not make a contract with any party by reason of which one denomination 
or one political party shall obtain possession of the house to the exclusion of any 
other, except for the time being, or by which the control of the house shall pass 
from his hands. 

It is not necessary that the voters of a district petition the Trustee on each 
separate occasion that the house is desired for other than school purposes, but if a 
general petition be filed with the Trustee, in proper form, requesting, for example, 
that i,he house be used for religious purposes, he may then permit the house to be 
so used as occasions may require. In the absence of an expressed desire on the 
part of the voters of a district, it is held that the Trustee may, through the spirit 
of accommodation, rather than by a strict construction of the law, permit school 
houses to be used for religions and other public meetings when he is satisfied that 
a majority of the district does not object. 



182 SCHOOL LAW OF INDIANA. 

In all cases ■when school houses are used for such purposes, it is the duty of the 
Trustee to prescribe and enforce such rules and regulations as will protect the 
property from injury. It is evident that the provisions of this section apply only 
to districts in townships, and not to cities and incorporated towns. 

[1865, p. 3. Approved and in force March 6, 1865.] 

182. School house, when sold. 149. The proper Trustee 
may, whenever a school house shall have been removed to a dif- 
ferent location, or a new one erected for the school in a differ- 
ent place, if the land whereon the same is situated belongs un- 
conditionally to the township, town or city, sell the same, when, 
in his opinion, it is advantageous to the township, town or city, 
so to do, for the highest price that can be obtained therefor; 
and upon the payment of the purchase money to the township, 
town or city Treasurer, he shall execute to the purchaser a deed 
of conveyance, which shall be sufficient to vest in such pur- 
chaser all the title of such township, towm or city thereto. The 
money derived from such sale shall be a part of the special 
school revenue. R. S. 1881, § 4511 ; E. S. 1894, § 6000 ; R. S. 
1897, § 6217.) 

1. Conveyances. A deed to the school township for the use of the township 
for school purposes is an absolute and not a conditional conveyance ; and the 
township may sell the pi-operty so deeded. The deed of the township should be 
made in the name of the school township, and signed by the Trustee. School 
Boards of cities and towns may sell and convey a school lot upon the conditions 
named in this section.— §§85, 86, 179. 

2. In the administration of the law set out in section 182, three cases arise : 
First. When the school-house is within the limits of the township, the Town- 
ship Trustee controls and sells it. 

Second. When the school-house is situated within territory which is afterward 
incorporated into a town, then the title vests in the town, and the property is con- 
trolled by the School Trustees of the town. — §183; see Carson v. State, 27 Ind. 
465; School Township of Allen v. School Town of Macy, 109 Ind. 559; School 
Town of Leesburgh v. Plain School Township, 86 Ind. 582. 

Third. When the school-house is located on territory which is taken into a 
city by addition, then the School Trustees of the city control it. — See Heizer v. 
Yohn, 37 Ind. 415; Keckert v. City of Peru, 60 Ind. 473. 

3. Conveyance to City or Town. When a school-house is taken within a 
city or town it is the duty of the Township Trustee to convey it to such city or 
town.— § 183. 

[1893, p. 194. Approved and in force March 3, 1893.] 

183. School-house in annexed territory. 1. Whenever 
there has been, or may hereafter be, by proper proceedings, any 
territory annexed to any city or incorporated town of this State, 



SCHOOL LAW OF INDIANA. 183 

which territory inchided within such boundary as annexed any 
real estate which, prior to such annexation, was the property of 
the school township adjoining such town or city, and used for 
school purposes by such school township, such real estate shall, 
by virtue of such annexation, at once become in fee simple the 
property of the school corporation of such town or city within 
the corporate boundaries of which it is found after such annex- 
ation of territory, and it is hereby made the duty of the Town- 
ship Trustee to at once execute and deliver to the school cor- 
poration of such town or city a deed conveying such title as his 
school township has for all school property which has passed, 
by such proceedings, from the territorial jurisdiction of the 
township to that of a town or city. (R. S. 1894, § 5997. R. S. 
1897, § 6218.) 

1. Section Valid. The above section is valid, even if the old township is in 
debt for the school-house, and the annexing city or town is not bound to contribute 
to the payment of the debt. If the Township Trustee refuses or neglects to con- 
vey the property to such annexing city or town he may be compelled to do so by 
mandate of the courts. — Board v. Center Township, 143 Ind. 391. This decision 
modifies the following cases: Carson v. State, 27 Ind. 465; Heizer w. Yohn, 37 
Ind. 415; State v. Shields, 56 Ind. 521; Rechert v. City of Peru, 60 Ind. 473; 
School township of Leesburg v. Plain School Township, 86 Ind. 582 ; School 
Township of Allen v. School Town of Macy, 109 Ind. 559; Newpoint Lodge v. 
School Town of New Point, 138 Ind. 141. 

[1877, p. 125. Approved and in force March 6, 1877.] 

184. School-house for several townships. 1. The Trus- 
tees of two or more adjacent counties or townships may estab- 
lish a new school district and build a school-house therein at 
the joint expense of their several townships, whenever, in their 
judgment it shall appear necessary for the better accommoda- 
tion of the people of their respective townships : Provided, 
That such necessity must be set forth in a petition of the per- 
sons making the request — such petition to be presented to each 
of said Trustees. And said Trustees shall, at the time agreed 
upon by them, not less than ten days nor more than thirty days 
from the time of receiving such petition, hold a joint meeting, 
for the purpose of declaring whether such petition shall be 
granted, and take such further action as the case may require. 
(R. S. 1881, § 4512; R. S. 1894, § 6001; R. S. 1897, § 6222.) 



184 SCHOOL LAW OF INDIANA. 

1. Adjustment of Revenue. It would seem from the language of the 
statute that when a joint district school is established, parents and guardians liv- 
ing in the vicinity would have the right to elect to send their children to it, even 
though it be out of their own township. Such a choice would generally necessi- 
tate several transfers, but transfers can not be made except at the time of taking 
the enumeration (sections 119, 120). The proper way to settle the difficulty 
would be for the Trustees of the several townships to pay to the Trustee of the 
one in which the house is located the revenue then on hand and afterward re- 
ceived for the benefit of the children sent to the school from their several town- 
ships, till the next enumeration. The matter will thereafter adjust itself. 

185. Cost of erecting. 2. Each township shall bear part 
of the expense of establishing such joint district school as the 
number of children of school age residing in each township, 
and attaching themselves to said new district at the time of the 
formation, bears to the whole number of childrenof school age 
who are attached to said district at its formation; and each 
township shall assume its share of the debt so incurred. But 
when said school shall be established, it shall be supported by 
the township in which it is established, in the manner already 
prescribed by law. (R. S. 1881, § 4513; R. S. 1894, § 6002; 
R. S. 1897, § 6223.) 

1. Title, Joint. The deed for the property should be in the name of all 
the corporations interested; but, after the building is completed and paid for, the 
partnership ceases, and the school-house passes under the control of the Trustee 
of the township within whose limits the house is situated. 

[1877, p. 126. Approved and in force March 7, 1877.] 

186. Donations and bequests. 1. Whenever any person 
shall give or bequeath unto Trustees any sum of money exceed- 
ing five thousand dollars, for the purpose of erecting a public 
school building or seminary in any unincorporated town in this 
State, and upon the express or implied condition contained in 
said bequest that an amount equal thereto shall be raised by the 
citizens of said town or township for a like purpose, the Town- 
ship Trustee of said township in which said town is situated 
shall, upon the petition of a majority of the legal voters of said 
township, be authorized to prepare, issue and sell the bonds of 
said township, to secure a loan not exceeding fifteen thousand 
dollars, in anticipation of the revenue for special school pur- 
poses, for the purpose of complying with the condition annexed 
to such gift or devise — said bonds to bear a rate of interest not 



SCHOOL LAW OF INDIANA. 185 

exceeding seven per cent, per annum, payable at such time, 
within seven years from date, as sucli Trustee may determine : 
Provided, That until all .the bonds of any one issue shall have 
been redeemed, such Township Trustee shall not be authorized 
to make another issue, nor shall any such bonds be sold at a 
less rate than ninety-five cents on the dollar. (R. S. 1881, 
§ 4514; R. S. 1894, § 6003; R. S. 1897, § 6224.) 

1. Power of County. The County Board has no power to appropriate 
money oat of the general fund of the county to build a school-house. Eothrook 
t'. Carr, 55 Ind. 334. 

187. Majority of voters. • 2. The whole number of votes 
cast for candidates for Congress at the last preceding con- 
gressional election in the township shall be deemed to be the 
whole number of legal voters of such township, a majority of 
whose names shall be signed to the petition presented to such 
Township Trustee ; to which petition shall be attached the 
aflidavit or affidavits, as such Trustee may deem necessary, of a 
competent and credible person or persons that the signature of 
all the names to said petition are genuine, and that the persons 
whose names are thereto signed are, as he believes, legal voters 
of such township. (R. S. 1881, §4515; R. S. 1894, §6004; 
R. S. 1897, § 6225.) 

188. Sale of bonds. 3. The Township Trustee shall re- 
cord such petition, together with the names attached, in the 
record-book of his township, and carefully file away and pre- 
serve said petition, and shall enter in such record a statement 
of the time when such petition was filed ; and, if said Trustee 
shall then be satisfied that said petition contains the names of 
a majority of the legal voters of said township, he shall then 
prepare, issue, and sell bonds to the amount petitioned for in 
such petition, as provided in section 1 of this act (section 4514), 
and shall accurately keep a record of all proceedings in and 
about the issue and sale of such bonds, to whom, and for what 
amount sold, the rate of interest they bear, and the time when 
they become due. (R. S. 1881, § 4516 ; R. S. 1894, § 6005 ; R. S. 
1897, §6226.) 

[1881, p. 592. Approved and in force April 16, 1881.] 

189. Site for school-house — Eminent domain. 1. When- 
ever, in the opinion of Trustees of school corporations or of the 



186 SCHOOL LAW OF INDIANA. 

Township Trustee of any township in this State, it shall be con- 
sidered necessary to purchase any real estate on which to build 
a school-house, or for any other purpose connected therewith, 
such Township Trustee or School Trustees, or a majority of 
them, may file a petition in the Circuit Court of said county, 
asking for the appointment of appraisers to appraise and assess 
the value of said real estate. (R. S. 1881, § 4517 ; R. S. 1894, 
§ 6006 ; R. S. 1897, § 6227.) 

1. Locations. The question as to where school-houses shall be located, and 
where land shall be acquired for that purpose, is left to the sound discretion of the 
Trustee; and, upon an application by the Trustee to the Circuit Court to acquire 
land for a school-house, questions respecting the location selected are not triable. 
The method of trying such questions is by appeal to the County Superintendent, 
as provided by section 216. — Braden v. McNutt. 114 Ind. 214. 

2. School Township Builds. The school township, and not the civil town- 
ship, must build the school-house; and a note given by the civil township for the 
cost of constructing a school-house is void. — Wingate v. Harrison School Town- 
ship, 59 Ind. 520. 

3. Disagreement Among Trustees. In cities and towns the School Trustees 
determine where and when a school-house is necessary and convenient, and a con- 
tract by the Trustees for the building of such school-house is binding, although 
one of the Trustees protested against it. — Crist v. Brownsville Township, 10 
Ind. 461. 

4. Fbaud. An action may be maintained to enjoin the construction of a 
school-house, on the ground of fraud on the part of the Township Trustee, in the 
making of the contract, in the name of the State for the use of the civil township; 
and the remedy provided for an appeal to the County Superintendent, is not in 
such a case exclusive, and does not prevent the bringing of the action. State v. 
Earhart, 27 Ind. 119. 

5. County Board of Commissioners.. A County Board of Commissioners 
can not make an allowance to build a school-house. — Rothrock v. Carr, 55 
Ind. 334. 

190. Appraisers. 2. Upon said petition being filed (the 
owner or owners of said real estate having had ten days' notice 
of the pendency thereof), the Court shall apjooint three free- 
holders, resident in said school corporation or said township 
Avhere said real estate is situate, to appraise and assess the value 
thereof. (R. S. 1881, §4518; R. S. 1894, §6007; R. S. 1897, 
§ 6228.) 

191. Appraisement — Payment. 3. Said appraisers, before 
making said assessment and appraisement, shall take an oath 
before the Clerk of said court to make a fair, true, and honest 
appraisement of said real estate; and shall then proceed to 



SCHOOL LAW OF INDIANA. 187 

examine said real estate, liear such evidence as they may con- 
sider necessary, and make report of their appraisement within 
five days after their appointment. Upon said report being filed, 
the owner or owners of said real estate may except to the same 
for any cau^e, and a trial thereon may be had in said court. 
When the value of said real estate is finally determined in said 
court, the Township Trustees or School Trustees may pay to 
the Clerk of said court, for the use of the owner of said real 
estate, the amount so determined, and, upon payment thereof, 
the title to said real estate vest in said school corporation for 
said purposes. (R. S. 1881, § 4519 ; K. S. 1894, § 6008 ; R. S. 
1897, § 6229.) 

Location of School-House. The question when and where a school shall be 
located is left to the discretion of the Trustees ; and that question can not be tried 
on condemnation proceedings. — Braden v. McNutt, 114 Ind. 214. 



Sec. 

192. Township Institutes. 

193. County Institutes. 



CHAPTER XIV. 

TEACHERS' INSTITUTES. 



Sec. 

194. Schools closed. 

195. Sessions. 



[1889, p. 67. Approved and in force March 2, 1889.] 

192. Township Institutes. 9. At least one Saturday in 
each month during which the jDublic schools may be in progress 
shall be devoted to Township Institutes, or model schools for 
the improvement of teachers ; and two Saturdays may be ap- 
propriated, at the discretion of the Township Trustee of any 
township. Such Institute shall be presided over by a teacher, 
or other person, designated by the Trustee of the township. 
The Township Trustee shall specify, in a written contract with 
each teacher, that such teacher shall attend the full session of 
each Institute contemplated herein, or forfeit one day's wages 
for every day's absence therefrom, unless such absence shall be 
occasioned by sickness, or such other reason as may be approved 
by the Township Trustee, and for each day's attendance at such 
Institute each teacher shall receive the same wae-es as for one 



188 BCHOOL LAW OF INDIAITA. 

day's teaching : Provided, That no teacher shall receive such 
wages unless he or she shall attend the full session of such In- 
stitute and perform the duty or duties assigned. (R. 8. 1894, 
§6009; R. S. 1897, § 6230.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

193. County Institutes. 159. In order to the encourage- 
ment of Teachers' Institutes, the County Auditors of the several 
counties of this State shall, whenever the County Superin- 
tendent of such county shall file with said Auditor his oificial 
statement, showing that there has been held, for five days, a 
Teachers' Institute in said county, with an average attendance 
of twenty-five teachers, or of persons preparing to become 
such, draw his warrant on the County Treasurer, in favor of 
said County Superintendent, for thirty-five dollars ; and in case 
there should be an average attendance of forty teachers, or per- 
sons preparing to become such, then the said County Auditor 
shall draw his warrant on the Treasurer for fifty dollars, for the 
purpose of defraying the expenses of said Institute : Provided^ 
however, That but one of said payments be made in the same 
year. (R. S. 1881, § 4521 ; R. S. 1894, § 6010 ; R. S. 1897, § 6231.) 

1. Superintendent's Duty and Pay. Such an institute as is contemplated 
by tlie law is not a voluntary association, but a teachers' meeting, at the head of 
which is the County Superintendent. He, therefore, has no right to surrender it 
into the hands of an incompetent director, nor to permit a course of procedure by 
any one, or by the Institute itself, by which time shall be wasted or unsatisfactory 
work done. The teachers are there to be instructed, and the Superintendent must 
necessarily take the responsibility of the Institute upon himself. The money 
which the Auditor is authorized to pay is to defray the expenses of the Institute 
exclusive of the per diem of the Superintendent, whose compensation must be ob- 
tained in the usual way. He is also entitled to his per diem for reasonable services 
in making preparations for the Institute. 

194. Schools closed. 160. When any such Institute is in 
session, the common schools of the county in which said Insti- 
tute shall be held shall be closed. (R. S. 1881, §4522; R. S. 
1894, § 6011 ; R. S. 1897, § 6232.) 

195. Sessions. 161. The several County Superintendents 
are hereby required, as a part of their duty, to hold, or cause to 
be held, such Teachers' Institutes at least once in each year in 
their respective counties. (R. S. 1881, § 4523 ; R. S. 1894, § 6012 ; 
R. S. 1897, §6233.) 



SCHOOL LAW OF INDIANA. 



189 



CHAPTER XV. 



FEEE LIBRARIES. 



Sec 








Sec 




196. 


In cities and towns. 






204. 


Bonds for library buildings. 


197. 


Libraries in certain cities. 






205. 


Payment of bonds. 


198. 


Tax to maintain. 






206. 


Township Trustee in charge 


199. 


Real estate. 






207. 


Trustee's duties. 


200. 


Real estate for libraries. 






208. 


Use of books. 


201. 


School and library tax in cities o 


f30,000. 


209. 


Where kept. 


202. 


County Treasurer reports 


to B 


oard of 


210. 


When open. 




School Commissioners. 






211. 


Tax levy for library. 


203. 


County Treasurer's credits 






212. 


Tax levy for large library. 



[1883, p. 103. Approved March 5, 1883, and in force June 5, 1883.] 

196. In cities and towns. 1. In all the cities and incor- 
porated towns in this State the Board of School Trustees, Board 
of School Commissioners, or whatever Board may be established 
by law to take charge of the public or common schools of such 
city or incorporated town, shall have power, if in their discretion 
they deem it to the public interest, to establish a free public 
library in connection with the common schools of such city or 
incorporated town, and to make such rules and regulations for 
the care, protection and government of such library, and for the 
care of the books provided therefor, and for the taking from 
and returning to said library of such books, as the said Board 
may deem necessary and proper, and to provide penalties for 
the violation thereof: Provided, That in any city or incorpo- 
rated town where there is already established a library open to 
all the people, no tax shall be levied for the purpose herein 
named. (R. S. 1894, § 6013 ; R. S. 1897, § 6234.) 

[1885, p. 120. Approved and in force April 2, 1885.] 

197. Libraries in certain cities. 1. Wherever the Board 
of Directors of a library heretofore situate within the limits of 
any incorporated town may have filed the agreement and request 
with the Board of Trustees of said town, provided for in an act 
entitled "An act supplementary to an act entitled an act to 
establish public libraries," approved February 16, 1852, approved 
March 8, 1883, and the Board of Trustees of such town may 
have levied a tax for the support of such library in pursuance 



190 SCHOOL LAW OF INDIANA. 

of such request and agreement and in accordance with said act, 
and such town may afterward have become incorporated as a 
city, the Common Council of such city shall have all the powers 
to levy tax, and do all other things granted by said act above 
named to Trustees of towns, and all the provisions of said act 
applicable to such library, and its relations to "the town before 
its incorporation as a city shall, after such incorporation, be 
applicable to such library, and its relations to such city. (R. S. 
1894, § 4999 ; R. S. 1897, § 5164.) 

[1881, p. 47, Approved and in force March 7, 1881.] 

198. Tax to maintain. 2. Such Board shall also have 
power to levy a tax of not exceeding one-third of a mill on 
each dollar of taxable property assessed for taxation in such 
city in each year ; which tax shall be placed on the tax duplicate 
of such city, and collected in the same manner as other taxes ; 
and, when said taxes are collected, they shall be paid over to the 
said Board for the support and maintenance of said public 
libra.ry. Such Board shall have power, and it shall be its duty, 
to disburse said fund, and all revenues derived from gift or 
devise, in providing and fitting up suitable rooms for such 
library ; in the purchase, care and binding of books therefor ; 
and in the payment of salaries to a librarian and necessary 
assistants. (R. S. 1881, §4525; R. S. 1894, §6014; R. S. 1897, 
§ 6235.) 

199. Real estate. 3. Any such city in which a free public 
library may be established in accordance with the terms of this 
act may acquire by purchase, or take and hold by gift, grant, or 
devise, any real estate necessary for, or which may be donated 
or devised for, the benefit of such library; and all revenues 
arising therefrom, and the proceeds of the same, if sold, shall 
be devoted to the use of said library. (R. S. 1881, § 4526 ; R. S. 
1894, § 6016; R. S. 1897, § 6236.) 

11885, p. 160. Approved and in force April 8, 1885.] 

200. Real estate for libraries. 1. In any case in which 
the Board of School Trustees of any city of this State have 
purchased any real estate for the use of a public library of said 
city, under sections 4524, 4525 and 4526 [§§ 196, 197 and 198] 



SCHOOL LAW OF INDIANA. 191 

of the Revised Statutes of 1881, and the revenue derived from 
taxation under said sections may have been or shall be insuffi- 
cient to pay for such real estate, then said Trustees be and they 
are hereby authorized to pay for the same out of any money in 
the treasury of such school city belonging to the special school 
fund thereof. (R. S. 1894, § 6017 ; R. S. 1897, § 6237.) 

[1891, p. 37. Approved and in force February 26, 1891.] 

201. School and library tax in cities of 30,000. 1. In 

all cities of the State of Indiana where Boards of School Com- 
missioners have been elected and are mana^ine: the school affairs 
of said city under an act of the General Assembly of the State 
of Indiana, entitled "An act providing for a general system of 
common schools in all cities of thirty thousand, or more, inhab- 
itants, and for the election of a Board of School Commissioners 
for such cities, and defining their, duties and prescribing their 
powers, and providing for common school libraries within such 
cities, approved March 3, 1871, and the various acts of the Gen- 
eral Assembly amendatory thereof, and supplemental thereto, 
and in which the office of City Treasurer has been, or, hereafter, 
may be, abolished under and by virtue of an act of the General 
Assembly of the State of Indiana, entitled, 'An act concerning 
taxation for city and school purposes in cities containing a pop- 
ulation of over seventy thousand, as shown by the last census 
of the United States ; to abolish the offices of City Assessor and 
City Treasurer in such cities, and provide for the discharge of 
the duties of such offices, and rej^ealing laws in conflict there- 
with, approved February 21, 1885," such Boards of School Com- 
missioners be and they are hereby authorized and empowered, 
in the manner and form in which they are now by law author- 
ized to levy taxes, levy taxes for the support of the schools 
within such city, including such taxes as may be required for 
paying teachers, in addition to the taxes now authorized to be 
levied by the General Assembly of the State of Indiana, not to 
exceed, however, in any one year, the sum of twenty -five cents 
on the one hundred dollars of the taxable property as shown by 
the certificate showing the assessment and valuation for taxa- 
tion of all taxable real and personal and railroad property of 
such city, required to be delivered to said Board of School Com- 
missioners by section 8 of the said act of the General Assembly 



192 SCHOOL LAW OF IXDIA^\\. 

of the State of Indiana, approved February 21, 1885, and also 
to levy a tax eaeli year not exceeding four cents ou each one 
hundred dollars of the taxable property in said city, as shown 
by said certificate, for the support of free public libraries, in 
connection with the common schools of said city, and to dis- 
burse any and all revenues raised by such tax levied for library 
purposes, in the purchase of books and in the fitting up of suit- 
able rooms for such libraries, salaries to librarians and other 
expenses necessarily incident to the maintenance of such library ; 
also, to make and enforce such regulations as they may deem 
necessary for the taking out, and returning to, and for the proper 
care of all books belonging to such libraries, and to prescribe 
penalties for the violation of such regulations. (R. S. 1894, 
§ 5944 ; R. S. 1897, § 6240.) 

1. To What Cities Applicable. This and the next four sections at present 
apply only to the city of Indianapolis. 

202. County Treasurer reports to Board of School Com- 
missioners. 2. In all cities in the State of Indiana, where 
Boards of School Commissioners have been elected and are 
managing the school afliairs of said city, under and by virtue 
of said act of the General Assembly of the State of Indiana, ap- 
proved March 3, 1871, and in which the office of City Treasurer 
has been, or may hereafter be, abolished, under and by virtue 
of said act of the General Assembly of the State of Indiana, 
approved February 21, 1885, as mentioned and described in the 
first section of this act, it shall be the duty of the County Treas- 
urer, on and after making his settlement with the County Aud- 
itor on the third Monday of April, 1891, and the payment to 
the Board of School Commissioners of the amount by such 
settlement found to be due to it, as required by section 13 [R. S. 
1894, § 3758 ; R. S. 1897, § 1283 ; Acts 1885, p. 13] of the last 
above named act, at the close of each calendar month, to make 
report, duly verified by his oath, to said Board of School Com- 
missioners of all taxes and delinquent taxes collected within 
said month, and thereafter, npon demand of the Treasurer of 
said Board of School Commissioners, to pay to him, for the use 
of said Board of School Commissioners, the full amount of said 
taxes and delinquent taxes shown by said report to have been 
collected. Upon such payment being made, the Treasurer of 



SCHOOL LAW OF INDIANA. 198 

the Board of School Commissioners shall execute to said County 
Treasurer his receipt for the amount of money so paid, which 
receipt the latter shall deliver to the Secretary of the Board of 
School Commissioners, who shall give him a quietus therefor, 
and credit said County Treasurer with the amount thereof, and 
charge such amount to the Treasurer of said Board of School 
Commissioners. (R. S. 1894, § 5745 ; R. S. 1897, § 6241.) 

203. County Treasurer's credits. 3. Said County Treas- 
urer shall, thereafter in his settlement with the County Auditor, 
made as required by law, on the third Monday of April, and 
the Urst Monday of JSTovember, in each year, present such qui- 
etuses to the County Auditor, who shall give such County Treas- 
urer credit therefor as against the sums with which he is charge- 
able upon account of the collection of such school taxes. (R. 
S. 1894, § 5746 ; R. S. 1897, § 6242.) 

1. Kepealing Section. The fourth section expressly repeals the act of 
1889, p. 432, on the same subject. 

[1891, p. 35. Approved and in force February 26, 1891.] 

204. Bonds for library buildings. 1. In all cities of the 
State of Indiana where Boards of School Commissioners have 
been elected and are managing the school affairs of said city 
under an act of the General Assembly of the State of Indiana, 
entitled "An act providing for a general system of common 
schools in all cities of thirty thousand or more inhabitants, and 
for the election of a Board of School Commissioners for such 
cities, and defining their duties and prescribing their powers, 
and providing for common school libraries within such cities," 
approved March 3, 1871, and the various acts of the General 
Assembly amendatory thereof and supplemental thereto, such 
Board of School Commissioners be and they are hereby author- 
ized and empowered to issue bonds in any sum not exceeding 
one hundred thousand dollars, for the purpose of erecting build- 
ings for library and school ofiices, to be used in connection with 
the common schools of said city. Such bonds to bear interest, 
not exceeding five per cent, per annum, payable after eleven 
years from the date thereof, and within twenty years from the 
date thereof, as follows, to wit : One-tenth thereof to be paid 
eleven years from date, and one-tenth thereof to be paid each 

13 — ScH. Law. 



194 SCHOOL LAW OF INDIANA. 

succeeding year until all are paid ; the nione}" obtained from the 
sale of such bonds shall be disbursed by said Board of School 
Commissioners in the erection of a building for the library and 
school oifices, to be used in connection with the common schools 
of said city. Such bonds shall be designated "• Librarj' Building 
Bonds," and may be issued in such denominations and in such 
sums, from time to time, as the Board of School Commissioners 
may deem expedient ; and each of said bonds shall upon its face 
designate the date of the maturity thereof: Provided, That at 
no time shall the amount of bonds so issued for sach purpose by 
any such board exceed the sum of one hundred thousand dol- 
lars, and that said Board of School Commissioners shall haye no 
power to issue any renewal thereof, but the same shall be paid 
at maturity, as hereinafter provided : And provided further, That 
such bonds shall not be sold for less than their par yalue, (R. 
S. 1894, § 5941 ; R. S. 1897, § 6238.) 

1. The act referred to is g§ 141 to 153. 

205. Payment of bonds. 2. If the Board of School Com- 
missioners in any city shall exercise the powers granted to it by 
this act, it shall provide for the payment of said bonds as fol- 
lows : At the time of the levying of the taxes for the year which 
shall be collectible immediately before the maturity of the first 
maturing of said bonds, said Board of School Commissioners 
shall levy, in addition to the levy of taxes they may be author- 
ized to make for other purposes, a tax upon all property subject 
to taxation by it, sufficient to pay the first maturing of such 
bonds, and apply the money raised thereby to the payment 
thereof; and each year thereafter said Board of School Com- 
missioners shall levy such tax, and apply the proceeds thereof 
to the payment of the bonds successive!}^ maturing until all 
have been paid. (R. S. 1894, § 5242 ; R. S^ 1897, § 6239.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

206. Township Trustee in charge. 136. Such library 
shall be in charge of the Township Trustee, shall be deemed 
the property of the township, and shall not be subject to sale or 
alienation from any cause whatever. (R. S. 1881, §4529; R. S. 
1894. ^ 6020; R. S." 1897, § 6245.) 



SCHOOL LAW OF INDIANA. 195 

207. Trustee's duties. 137. Such Trustee sluill be ac- 
countable for the preservation of said library ; may prescribe 
the time of taking and the period of retaining books; assess 
and recover damages done to them by any person ; and adopt 
regulations necessarj' for their preservation and usefulness. He 
shall provide book-cases; also, blank books, ruled, in which 
to keep an account of books taken out and returned; and re- 
port the number each year to the County Superintendent. At 
the commencement of each school term, at each school house 
in the township, he shall cause a notice to be posted up, stating 
where the library is kept, and inviting the free use of the books 
thereof by the persons of the township. (R. S. 1881, §4530; 
R. S. 1894, § 6021 ; E. S. 1897, § 6246.) 

208. Use of books. 138. Every family in the township 
shall be entitled to the use of two volumes at a time from said 
library, whether any member of such family shall attend school 
or not. (R. S. 1881, §4531; R. S. 1894, §6022; R. S. 1897, 
§ 6247.) 

209. Where kept. 139. The Trustee may deposit the 
library at some central or eligible place in the township, for the 
convenience of scholars and families, and may appoint, for that 
purpose, a librarian to have the care and superintendence there- 
of. (R. S. 1881, § 4532 ; R. S. 1894, § 6023 ; R. S. 1897, § 6248.) 

210. When open. 140. The library shall be open to all 
persons entitled to its privileges throughout the year, without 
regard to school sessions, Sundays and holidays excepted. (R.. 
S. 1881, §4533; R. S. 1894, §6024; R. S. 1897, § 6249.) 

[1885, p. 9. Approved and in force February 18, I880.J 

211. Tax levy for library. 1. Any township in which 
there has been, or may hereafter be, established by private dona- 
tions, a library of the value of one thousand dollars, or more, 
for the use and beneht of all the inhabitants thereof, the Town- 
ship Trustee of such township shall annually levy and collect 
not more than one cent on the hundred dollars upon the taxa- 
ble property within the limits of such township, which shall be 
paid to the trustees of such library, and be applied by them to 



lytj SCHOOL LAW OF INDIANA. 

the purchase of books for said library, and may, with the con^ 
sent of the Board of Commissioners of the county, when if 
shall become necessary to erect or enlarge a library building, 
annually, for such period as may be necessary, levy and collect 
not more than five cents on the one hundred dollars upon the 
taxable property of said township, for not more than three 
years successively, which shall be expended by the trustees in 
the erection or enlargement of a library building. (K. S. 1894, 
§4986; R. S. 1897, §^5150.) 

[1895, p. 240. Approved March 11, 1895. In force June 28, 1895.] 

■212. Tax levy for large library. 1- In any township in 
which there has been, or may hereafter be established by private 
donations a library of the value of twenty -five thousand dollars 
or more, including the real estate and buildings used for said 
library, for the use and benefit of all the inhabitants thereof, 
the Township Trustee of such township shall annually levy and 
collect not more than six cents on the hundred dollars upon the 
taxable property within the limits of such township, which 
shall be paid to the trustees of such library, and be applied by^ 
them to the purchase of books for said library and to the cost 
of the maintenance thereof, and said trustee may, with the con- 
sent of the Board of Commissioners of the county, when it shall 
become necessary to purchase additional ground for the exten- 
sion or protection of library buildings already established by 
such private donation, annually levy and collect not more than 
-five cents on the hundred dollars upon all taxable property 
of said township for not more than three years successively, 
which shall be expended by said trustees in the purchase of said 
property and the erection and enlargement of the libraryj 
building thereon. (R. S. 1897, § 5151.) 



SCHOOL LAW OP INDIANA. 197 



CHAPTER XVI. 

GENERAL PEOVISIONS. 



:V''. Suits, how brought. 

214 Costs. 

-'1'. Process, how executed. 

-1". Appeals from Township Trustee. 

J17. Appeals from County Superiiitendeut. 

:1S. Oaths. 

-V:K Women eligible to school office. 

220. Bond binding. 

221. Traffic in examination questions. 

222. When Township Trustee elected. 



bEC. 

226. Notice of days of business. 

227. Record of warrants issued. 

228. Auditing Board investigate Township 

Trustee's accounts. 

229. Record book of Auditing Board. 

2S0. Report to Circuit Court — Controverted 
claims. 

231. Order of Circuit Court. 

232. Accepting warrant as payment. 

233. Appeal. 



;. County Commissioners fill vacancy. : 234. Liability of Township Trustee. 

Power of Township Trustee to incur 1 235. Compensation of Auditing Board. 

debt. i 236. Act construed. 

Petition to incur debt. i 237. Laws repealed. 

[1865, p. 3. Approved and in force March 6, 1865.] 

213. Suits, how brought. 1^5. Suits brought ou behalf 
pi' the schools of any township, town or city, shall be brought 
lin the name of the State of Indiana, for the use of such town- 
ship, town or city. (R. S. 1881, §4534; R. S. 1894, §6025; 
R. S. 1897, §6250.) 

1. How Suit May Be Brought. An action brouglit in the name of the 
State, for the n.se of a city, "as a distinct municipal corporation for school 
purposes," is rightly brought. — Hadley r. State, 66 Ind. 271. 

2. How Should Be Brought. Bringing an action in favor of the township 
without designating it as a school township will be construed as bringing it in 
favor of the civil township, and not in favor of the school township. — Utica Tp. 

Iv. Miller, 62 Ind. 230; Jarvis v. P.'helby Tp., 62 Ind. 257. 

214. Costs. 146. Any person who shall sue for, or on 
account of, any decision, act, refusal or neglect of duty of the 
Township Trustee, for which he miglit have had an appeal, 
according to the provisions of the preceding section, shall not 
recover costs. (R. S. 1881, §4535; R. S. 1894, §6026; R. S. 
1897, § 6251.) 

1. Note. The "preceding section" here referred to evidently means ^216. 
The costs are the costs made in the court. 

215. Process, how executed. 144. Process in such suits 
against a school township, town or city, sliall he by summons, 



198 SCHOOL LAAV OF INDIANA. 

executed by leaving a copy thereof with the Trustee [or School 
Trustees] of such township, town or city, ten days before the 
return-day thereof; and in case of an appeal, similar notice of 
the time of hearing thereof shall be given. (R. S. 1881, § 4536 ; 
R. S. 1894, § 6027 ; R. S. 1897, § 6252.) 

216. Appeals from Township Trustees. 164. Appeals 

shall be allowed from decisions of the [Township] Trustees, rel- 
ative to school matters, to the County Superintendents, who 
shall receive and promptly determine the same, according to 
the rules which govern appeals from Justices of the Peace to 
Circuit Courts, so far as such rules are applicable ; and their de- 
cisions of all local questions relating to the legality of school 
meetings, establishment of schools, and the location, building, 
repair, or removal of school-houses or transfer of persons for 
school purposes, and resignation and dismissal of teachers, shall 
be final. (R. S. 1881, §4537; R. S. 1894, §6028; R. S. 1897, 
§ 6253.) 

1. Location of Houses. The Conntv Superintendent has no power, on 
appeal, to require a schocJ-house to be erected on land not belonging to the town- 
ship. Otherwise his decision is final, but only as to the particular case before 
him. The Trustee may at once relocate at a different place. — Koontz v. State, 44 
Ind. .323; State v. Mewhinney, 67 Ind. 397. 

After the location has been fixed by the County Superintendent, on appeal, 
the Township Trustee may change it, subject to appeal. But if there be no sub- ; 
sequent change after the County Superintendent has determined upon the loca- ' 
tion, the Trustee may be compelled, by mandate, to execute the order. — Trager v. 
State, 21 Ind. 317. 

No appeal to the Superintendent can be taken from the action of a Trustee in 
making a contract with any one, either for building a school-house, or like con- t 
tracts, nor in regard to any criminal or fraudulent act of a Trustee, nor upon the ■ 
mere breach of a contract, nor upon the dismissal of a teacher in a city or town. 
This is a question for the courts. — City of Crawfordsville v. Hays, 42 Ind. 200. j 

A suit to set aside a contract for the building of a school-house, and to enjoin 
the doing of the work, on the ground of fraud on the part of the Township Trustee 
in making the contract, is properly brought in the name of the State for the use of 
the township; for the remedy provided by an appeal to the County Examiner is 
not exclusive in such cases, the matter involved not being "a local question relat- 
ing to the building of school-houses." — State v. Earhart, 27 Ind. 119. But the 
remedy of appeal to the Superintendent is exclusive when "relative to school 
matters," and for the purpose of preventing vexatious and expensive litigation it !, 
is provided that his dicision shall be final in regard to certain enumerated sub- 1 
jects. — Fogle «. Gregg, 26 Ind. 345. 

Keglllation^s adopted by persons in charge of a scliool are analogous to by-laws 
enacted by municipal and other coi'porations, and both will be annulled by the 



SCHOOL LAW OF INDIANA. 199 

courts, when found to be unauthorized, against common right, or palpably unrea- 
sonable. State ('. White, 82 Ind. 278. 

2. Extent of Jurisdiction of Covbts. Upon any question arising out of 
the dismissal of a teacher, if the teacher has suffered any damages, he may bring 
a suit against the township to recover whatever loss he has sustained. The court 
can only examine whether just cause existed for his dismissal, in order to see if 
he is entitled to damage for a wrongful dismissal, but can not reinstate him as a 
teacher, for as to that the Superintendent's decision is final. But on all those 
questions relating to the government and control of schools and school buildings, 
and school regulations, such as the establishment of schools, and the location, 
building, repair or removal of school-house, or transfer of persons for school pur- 
poses, or even the attachment of a person to a certain school, and resignation of 
teachers, his decision is final, and no action can be maintained in the courts 
touching the same. This must necessarily be so, for courts can not undertake the 
superintendency of school matters. Upon a question of fraud in holding a 
school meeting, it is difficult to see how any question can arise so that courts can 
exercise any jurisdiction over it; it is believed there is none. 

3. Trial of Appeals. When the County Superintendent has received a 
comjDlete transcript of the case in controversy, he should fix a day for the trial, 
and all parties to the case should be notified of the subject matter and the time 
and place of the trial. The case should then be tried de novo. No case should be 
decided by the Superintendent from the transcript alone, without first giving all 
parties an opportunity to be heard. If after sufiicient notice either appellee or 
appellant fails to appear, then, and only then, should the case be decided from 
the transcript. Upon appeal the case is tried de novo upon its merits. 

4. vSupebintendext's Decision Final. The Superintendent's decision pro- 
hibiting the erection of a school-house on a location selected by the Trustee is 
within his jurisdiction, and is final and binding on the Trustee. — Knight v. Woods, 
129 Ind. 101. 

5. Trustee's Discretion. If a Trustee, acting in good faith, discontinues a 
school on account of the smallness of the attendance, the courts will not review 
his decision, nor will mandamus lie to compel him to re-establish the school. — 
Tufts V. State, 119 Ind. 2.32. 

217. Appeals from County Superintendent. 165. Ap- 
peals shall be allowed from the decisions of County Superin- 
tendents to the Superintendent of Public Instruction on all 
matters not otherwise provided for in the next preceding sec- 
tion : and the rules that govern appeals from Justices of the 
Peace to the Circuit Courts as to the time of taking an appeal, 
giving bonds, etc., shall be applicable in appeals from County 
Superintendents to the Superintendent of Public Instruction. 
(Pv. S. 1881, §4538; R. S. 1894, § 6029; R. S. 1897, § 6254.) 

1. Procedure. The same rules in regard to the time allowed for taking an 
appeal and for making transcript, etc., apply in case of appeals to the State 
Superintendent as to the County Superintendent. The County Superintendent 



200 SCHOOL LAW OF INDIANA. 

should niako n transcript of the record, and send it, together with all papers in 
the case, to the State Superintendent, with his eertiticate indorsed thereon. He 
must specitically certify to the facts, for example, that A B applied for a certificate 
on a certain day, that upon examination a license was refused on certain grounds, 
that the inclosed papers are those made by the applicant, upon which he wa* 
rejected. A copy of the <iuestions used and the appeal bond should also be sent. 
In case a refusal to license is based upon the County Superintendent's personal 
knowledge, he should make a statement of the facts, verified by aflidavit, and for- 
ward it, together with corroborative testimony, and the testimony given in favor 
of the accused. If an appeal is taken in due form, the State Superintendent may 
require the County Superintendent to forward the papers to him, and, upon 
refusal, may visit tlie county and make an examination into the facts of the case, 
and render a decision that will be binding on all parties interested. 

2. Trial by State Superintendent. The appeal is tried by the Superin- 
tendent of Public Instruction upon the papers sent up. Additional afiidavits 
may be filed with him and witnesses examined. Parties may appear before him, 
and a complete trial be had, the same as before the County Superintendent. An 
applicant for a license, who desires to appeal, should be allowed thirty days from 
the time the County Superintendent's decision is rendered, not from the time of 
examination. If the license is denied because of immorality, the County Super- 
intendent sh(Hild specify in what particular the immorality consists. On appeal 
the Superintendent of Public Instruction can not grant a license; he can only 
order the County Superintendent to grant one. Should the latter refuse to grant 
it, a mandamus, at the instance of the teacher, would lie to compel him to obey 
the direction of the State Superintendent. If an appeal is taken and the County 
Superintendent refuses to send up the papers, a mandamus Avill lie to compel him 
to send them. Or the Superintendent of Public Instruction can visit the county 
and try the case there. Merely writing a letter to the Superintendent of Public 
Instruction by the party desiring to appeal, and stating that he appeals from the 
decision of the County Superintendent, does not cimstitute an appeal. The 
initiatory steps must be taken in the matter with the (\iunty t^uperintendent. 

3. Appeal as to Whole Catse. An appeal must be taken as to the whole 
case. — State r. Miller, 68 Ind. 475. 

■i. Case Tried De Novo. On appeal tlie case is tried de iioro on its merits. 

218. Oaths. It-^*-^- School otHoei-f^ are lie: obv anthorizetl and 
empowered to admluister all oaths relative to seliool business 
appertaiiiino- to their respective otHees. (R. S. 1881, § 4:boV : 
R. S. 1894, ^ G030; R. S. 1897. S G-^>^^.) 

[1881 S., p. 718. Approved April 14. 1881. In force September 19. 1881.] 

219. Women eligible to school offices. 1. Any woman, 
married or single, of the age of twenty-one years and upward-, 
and possessing the qualiiieations prescribed for men, shall Ik 
eligible to any office under the general or special school laws of 
thi^s State. (R. S. 1881, § 4540^; R. S. 1894, § 6031 ; R. S. 1897. 
§ (3256.) 



SCHOOL LAW OF INDIANA. 2Ul 

220. Bond binding'. 2. Any woman elected or appointed 
to any office under the provisions of this act, before she enters 
upon the discharge of the duties of the office shall qualify and 
o'ive bond as required by law, and such bond shall be binding 
upon her and her securities. (R. S. 1881, § 4541; R. S. 1894, 
.^ 60:J2 ; R. S. 1897, § 6-257.) 

[1883, p. 81. Approved March 3, 1883. In force June 5, 1883.1 

221. Traffic in examination questions. 1. Whoever shall 
sell, barter, or give away, to applicants for license, or to any 
other person, the questions prepared by the State Board of 
Education, to be used by County Superintendents in the exam- 
ination of teachers, or in any w^ay dispose of said questions 
contrary to the rules prescribed by said State Board of Educa- 
tion, shall be deemed guilty of a misdemeanor ; and on convic- 
tion, shall be fined in any sum not less than ten, nor more than 
two hundred dollars. (R. S. 1894, § 2152 ; R. S. 1897, § 2178.) 

[1897, p. 69. Approved February 25, 1897. In force April 14, 1897.] 

222. When township trustee elected. 1. The time of 
holding the election of Township Trustees and Assessors shall 
lie changed from the general election on the first Tuesday after 
the first Monday in ISTovei^iiber, 1898, to the general election on 
the first Tuesday after the first Monday in JSTovember, 1900, and 
at the general election on the first Tuesday after the first Mon- 
day in Xovember of every fourth year thereafter. Said Town- 
ship Trustees and Assessors shall qualify as now provided by 
law, and enter upon the discharge of the duties of their respec- 
tive offices at the expiration of ten days after such election. 

(4) The names of the different candidates for said township 
offices shall be printed on separate ballots of a yellow color and 
deposited in separate ballot boxes from that of the State and 
county ballots. Said ballot boxes shall be painted yellow, and 
said ballots and ballot boxes shall be prepared in conformity 
with the law governing said general election. (R. S. 1897, 
§ 6590.) 

1. Legalized. The appointment of a successor for a Trustee who had 
become insane was legalized in 1895. — Acts 1895, p. 57. 



202 SCHOOL LAW OF INDIANA. 

[1859, p. 220. Ai^proved and in force February 15, 1859.] 

223. County Commissioners fill vacancy. 9. All va- 
cancies in the office of Township Trustee shall be filled by the 
Board doing county business in term time, or by the [County] 
Auditor in vacation ; and every Trustee so appointed shall con- 
tinue in office till his successor is elected and qualified. (R. S. 
1881, § 5996; R. S. 1894, § 8071 ; R. S. 1897, § 8462.) 

1. Still in Force. This act is still in force, and the Commissioners can fill 
vacancies that occur during a regular session of the Board. — Cooper v. State, 113 
Ind. 70. 

[1875, p. 162. Approved March 11, 1875. In force August 24, 1875.] 

224. Power of Township Trustee to incur debt. 1. When- 
ever it becomes necessary for the Trustee of any township in 
this State to incur, on behalf of his township, any debt or debts 
whose as^gregate amount shall be in excess of the fund on hand 
to which such debt or debts are chargeable, and of the fund to 
be derived from the tax assessed against his township for the 
year in which such debt is to be incurred, such Trustee shall 
first procure an order from the Board of County Commissioners 
in which such township is situated authorizing him to contract 
such indebtedness. (R. S. 1881, § 6006 ; R: S. 1894, § 8081 : R. 
S. 1897, § 8481.) 

1. Effect. A Township Trustee can not, without first procuring an order 
of the Board of County Commissioners, in accordance with these sections, incur a 
debt in behalf of a school township for school supplies in excess of "the fund on 
hand" (which means money actually in the hands of the Trustee), to which such 
debt is chargeable, and of "the fund to be derived from the tax assessed against 
his township for the year in which such debt is to be incurred" (which means the 
amount to be derived from the school tax assessed in the prior calendar year and 
collectible during the year in which the debt is to be incurred). ^Jefferson School 
Tp. V. Litton, 116 Ind. 467; Koseboom v. .Jefferson School Tp., 122 Ind. 377; 
]VIiddleto.^ v. Greeson, 106 Ind. 18; Boyd v. Black School Tp., 123 Ind. 1; State 
V. Hawes, 112 Ind. 323; {contra, IVIiller v. White Kiver School Tp., 101 Ind. 503). 
See notes to ? 226. 

225. Petition to incur debt. 2. Before the Board of Com- 
missioners shall grant such order the Township Trustee shall 
file, in the Auditor's office of his county, a petition setting forth 
therein the object for which such debt or debts are to be incurred, 
and the approximate amount required, and shall make affidavit 
that he has caused notice to be given of the pendency of such 



SCHOOL LAW OF INDIANA. 203 

petition by posting notices in not less than five pnblic places in 
his township, at least twenty days prior to the first day of the 
session of said Board. [R. S. 1881, § 6007 ; R. S. 1894,' § 8082; 
R. S. 1897, § 8482.) 

226. Notice of days of business. 3. Such Township Trus- 
tee shall designate certain days in each week or month, as may 
be required, in which he will attend to the business of his town- 
ship, and cause notice thereof to be given to the inhabitants of 
such township ; and all contracts, and auditing, and payment 
of claims shall be made only on such designated clays. (R. S. 
1881, § 6008 ; R. S. 1894, § 8083 ; R. S. 1897, § 8483.) "^ 

1. Validity of Coxtract. A contract or payment made upon a day not 
designated in the notice is as valid as if made upon one of the days so designated. 
The only effect the above section can have is to limit the pay of the Trustee by 
requiring him to have a few designated days ujjon which he will transact town- 
ship business and charge therefor, and not permitting him to charge a day for his 
services whenever he may chance on such a day to sign a contract or pay a debt 
of the township. 

2. To What Contracts Apply. The above first two sections have no ap- 
plication to the ordinary debts of a school corporation contracted before the 
passage of the statute, incurred by the Trustee for the usual and necessary furni- 
ture, apparatus and other supplies of its common schools — Miller {•. White Eiver 
School Township, 101 Ind. 503; but it does have application to all debts con- 
tracted since its passage. It applies both to the civil and school township. The 
Trustee can not build a school-house, if its cost will make the aggregate debts 
chargeable to the special school fund exceed the amount of that fund on hand 
and to be derived from the tax assessed against the township for the year in 
which the debt is to be incurred, and he may be enjoined from so doing by a tax- 
payer of the township, unless he first obtain an order of the Board of County Com- 
missioners authorizing the contracting of such a debt. — Middleton ii. Greeson, 106 
Ind. 18; Boyd v. Black School Township, 123 Ind. 1; Eoseboom v. Jefferson 
School Township, 122 Ind. 377; -Jefferson School Township v. Litton, 116 Ind. 
467; Grimsley v. State, 116 Ind. 130. 

3. Township Benefited. But if the Trustee disregard the above sections, 
and the property he purchased is received l)y the township, is retained by and is 
beneficial to it, the township will be liable for its value, whatever that may be, not 
to exceed its pui-chase price. — Boyd v. Black School Tp., 123 Ind. 1; Clinton 
School Tp. c. Lebanon National Bank, 47 X. E. Rep. 349. 

4. "Fund on IL^nd." By the phrase "the fund on hand," is meant the 
money actually in the hands of the Trustee; and by tlie provision "the fund to 
be derived from the tax a.ssessed against his township for the year in which such 
debt is to be incurred," is meant the amount to be derived from the tax assessed 
in the first calendar year and collectible during the year in which the debt is to be 
incurred, — .Jefferson School Tp. c Litton, 116 Ind. 467. 



204 SCHOOL LA"VV OF INDIANA. 

5. Legalizing Act of 18S3. By an act of 1883 (Acts 1883, p. 114) an indebt- 
edness incurred prior to tlie date, and in violation of the above sections, was legal- 
ized; and tlie legalizing act is valid. — Jefferson School Tp. r. Litton, 116 Ind. 467. 

6. Trustee's Liability Under Act of 1883. The act of 1883 (Acts 1883, 
p. 114) makes a Township Trustee who contracts any debt in the name or on the 
behalf of either his civil or school township contrary to the provisions of the 
above two sections personally liable thereforj as well as liable on his official bond; 
but to render him thus liable the debt must have been contracted in the name 
or on the behalf of the township, and in violation of these sections; and if the 
contract is made pursuant to these sections, he is not liable. — State v. Hawes, 112 
Ind. 323. 

7. See note to § 224. 

8. Funds on Hand. So long as the Trustee has funds on hand applicable to 
the purpose for which he desires to bind the township, he can not bind his town- 
ship for such purpose, but must pay the cash. — Clinton School Tp. v. Lebanon 
National Bank, 47 N. E. Rep. 340. 

[1895, p. 159. Approved March 7, 1895. In force June 28, 1895.] 

227. Record of warrants issued. 1. Every Township 
Trustee in tliis State shall immediately after the taking effect 
of this act procure, at the expense of his township, a hook 
liaviiig suitahle headings and properly ruled columns, in which 
he shall register and number in consecutive order, as issued by 
him, all township orders, or warrants, showing the fund on 
which such order or warrant is drawn, the number, chite and 
amount of each order, or warrant, to whom issued, for what 
purpose, and when redeemable, Avhich account shall also con- 
tain a complete statement of all outstanding indebtedness of the 
township incurred in tlie purchase of road, office and school 
sup})lies, and when and to whom payable; and on the first 
Monday of August of each year he shall post up a statement, in 
a conspicuous place in the vicinity of his office, showing such 
indebtedness in detail, giving the numbers and total amount 
of outstanding orders, warrants and accounts chargeable to each 
fund, Avhicli statement shall be sworn to before an officer 
authorized to administer oath, and each Township Trustee 
shall, within ten days after filing his annual re[»ort, cause a 
copy of his said report in full to be published for one week in 
one weekly newspaper having general circulation in his county, 
if any there be, together with a transcript of the above account, 
and on failure so to do he shall be liable upon his bond, in the 
sum of one hundred dollars, to be recovered upon an action, 
brought in the name of the State of Indiana, on the relation 



•SCHOOL LAW OF INDIANA. 205 

of such township against the Trustee failing to so publish such 
report, and said Trustee shall also record at length a copy 
of such report in the township record. (R. S. 1897, § 8477.) 

[1897, p. 222. Apinv)ved anil in force March 8, 1897.1 

228. Auditing board— Investigate township trustees' 
accounts. 1. The Board of Commissioners of each county 
in this State shall constitute an Auditing Board to audit the 
warrants of the various Township Trustees Avithin said county 
as hereinafter specified. Said Board shall meet the first Tues- 
day of the month following the passage of this act, and the first 
Tuesday in March of each year thereafter, at the Auditor's oflice 
in such county and organize by the election of one of their num- 
ber President, who shall be the one having the shortest time to 
serve, and one of their number Secretary. They shall also meet 
at the same place and time, as now fixed by law, in some public 
room in the court house on such days, or in the absence of a 
court house, in the office of the Auditor of said county, and 
shall proceed to audit each and every warrant drawn by the 
several Trustees of said [county] except for the payment of 
teachers. And it shall be the duty of said Board to investigate 
and learn for what purpose said warrant is drawn, whether or 
not it is a proper and reasonable charge against any of the funds 
of said township, whether or not the article for which any such 
Avarrant is drawn is a proper and legitimate purchase of said 
township, or whether or not said township had use therefor, and 
whether or not the amount named in any warrant is a reasona- 
ble compensation for the article furnished, or labor or service 
performed, or whether or not there was any occasion for the 
purchase of or contracting for said article, or the procurement of 
said labor and services, and said Board shall audit said amounts 
and determine what warrants shall be issued by said several 
Trustees and for what amounts and shall write or stamp on the 
face of each warrant that it audited and approved the amount 
for which allowed, and which shall be signed by the President 
and Secretary of said Board. Any taxpayer of any township 
in the county may appear before said Board and except to any 
warrant drawn by the Trustees in such township being audited 
and issued, in whole or in part, stating his reasons therefor, and 
which exceptions the said Board shall hear in determining 



206 SCHOOL LAW OF INDIANA. • 

whether or not any warrant should be issued, or in what amount 
issued, in payment of the said indebtedness for Avhich drawn by 
said Trustees. (R. S. 1897, g 8464.) 

229. Record book of auditing board. 2. Tlie Board of 
Commissioners of the proper county shall provide a record book 
for said Auditing Board for the proper registration of all war- 
rants presented for their examination to be audited, showing in 
whose favor drawn, for what article or thing it is in payment, 
against what fund the amount asked, whether rejected or allowed, 
and if allowed, for what amount, whether protested or not, and 
name of exceptor with the date of the incurrence of liability 
and of examination, and which said record as to each township 
when all warrants are examined for tlie preceding month shall 
be signed by the said Board and shall constitute a public record. 
<R. S. 1897, § 8465.) 

230. Report to the Circuit Court — Controverted claims. 

3. The said Board, when all said warrants for one month shall 
have been examined, shall make a report to the Circuit Court 
containing so much of their registry as relates to the warrants 
"Jivhich have been rejected, such as have been allowed in part and 
all of which have been protested, and which shall be signed by 
them and transmitted, together with said warrants so allowed 
in part or rejected, or protested, to the then or first ensuing 
term of court, where the matters involved therein shall be heard 
and determined by said court at the earliest practicable moment. 
All questioned or controverted vouchers in any report for any 
one month shall be set down for hearing and trial at the same 
time and shall be heard and determined de novo, as near as 
practicable under the same rules as governed the trial of excep- 
tions to reports in decedents" estates: Provided, That any one 
^or more taxpayers of any township may appear and contest the 
payment of any warrant drawn by the Trustee of such township 
on such terms as to costs as the court trying the case may pre- 
scribe. And the court on iinal hearing may make such con- 
testor a reasonable allowance to reimburse him for the expense 
incurred and trouble had as it may deem just to be paid out of 
the proper fund of such township.^ (R. S. 1897, § 8466.) 



SCHOOL LAW OF INDIANA. 207 

• 231. Order of Circuit Court. 4. The said court trying such 
report of said Board may make such orders as to such warrant 
as in its judgment the law and facts justify, and may order the 
warrants ah'ead}" drawn and certified by said Board to be deliv- 
ered to said claimants, or may order the Trustee to draw" and 
deliver warrants for such amounts as may to it seem proper, but 
in all cases such warrants, when accepted, shall be in full satis- 
faction for all claims and demands of every kind included in and 
which went to make up the amount for which said warrant was 
originally draw^n by said Trustee. (R. S. 1897, § 8467.) 

232. Accepting warrant as payment. 5. Any person in 
whose favor any warrant may be drawn and which has been 
allowed by said Board for a sum less than claimed by him, but 
not protested, and to which no exceptions have been filed in the 
Circuit Court on demand at any time before the same is heard 
by the court, or the same delivered to him, which, when accepted, 
shall be in full satisfaction of all claims and demands of every 
kind included in and which went to make up the amount for 
which said warrant was originally drawn by said Trustee. (R. 
S. 1897, § 8468.) 

233. Appeal. 6. Any claimant, contestor, or any tax- 
payer who may have contested the payment of any claim, may 
appeal to the proper court from any order or judgment given 
by the court on the trial of any report of such Board under the 
same rules that appeals are had in other cases. (R. S. 1897, 
§ 8469.) 

234. Liability of Township Trustee. 7. Any Township 
Trustee who shall deliver to any person any warrant, contrary 
to the provisions of this act, or who shall pay an}" warrant which 
may have been delivered, which has not been audited or ordered 
drawn, as provided in this act, shall be liable on his ofiicial 
bond in double the amount of such warrant so delivered or 
paid, to be recovered by any taxpayer of such township for the 
use of the particular fund of said township on which drawn or 
from which paid, and which, after the deduction of such amount 
as the court shall determine reasonable to compensate the plain- 
tifi^ for any expenses incurrred, including attorneys' fees in the 



208 



SCHOOL LAW OF IN DIANA. 



prosecution of siidi suit nud the rolloction of the judgment to 
be set out in the order of the court rendering the judgment, 
shall he ],)i»iil to the Trustee of the proi)er township, and by 
liim credited to the snid fund, and the anu)unt allowed by the 
court for prosecuting such suit shall be paid over to the party 
prosecuting the suit. {[\. S. 1897, J^ 8470.) 

236. Compensation of Auditing Board. 8. The compen- 
sation of said Hoard shall be 18.50 (three dollars and fifty cents) 
each per day for the time actually employed. In counties of 
less than 50,000 (fifty thousand) inhabitants as it appears by the 
census of 1890, the members of said Board shall be allowed for 
only one day each in each calendar month. In all counties con- 
taining a population of more than 50,000 (tifty thousand) as ap- 
pears by the census of 1890, two days each in each calendar 
month may he alUnved, if necessary, for the completion of the 
work. iSaid amounts to be paid only on veritied itemized 
claims, duly allowed by the Board of Commissioners of the 
proper county. (K. 8. 1897, § 8471.) 

236. Act construed. 9. The provisions of this act shall 
apply to all warrants drawn by the Township Trustee, both as 
to the civil and school township. (R. S. 1897, § 8472.) 

237. Laws repealed. 10. All laws and parts of laws in 
couHict with the provisions of this act are hereby repealed. (1\. 
S. 1897, § 8473.) 



CHAPTER XVII. 



COMPITLSOEY EDUCATION. 



Skc. 

238. All ohildreii must atteiul sohool— Ago. 

239. County Truant OtVioeis— l>utios— Mis- 

deiueiinov. 

240. Truant OtVu-evs in oities and towns. 

241. Compensation of Truant Otfii-ers. 

242. Terms of Truant Officers. 



Skc. 

243. Reports of appointments. 

244. Poor I'hildren, assistance. 

245. "Parental home "—IneoiTigible child. 
24(1. Tax. 

247. When child exempt. 



[ISOT, p. 248. Approved March S, 1897. In t'ovco April 14. 1897.] 

238. All children must attend school— Age. 1. Every 
parent, guardian ov other person in the State of Indiana, having 
control or charge of any child or children between the ages of 



SCHOOL LAW OF INDIANA. 209 

eight uiid t'ourtcc'ii years, wliall be re(|uii'e(l to send such child or 
chihlreii to a public, private or parochial school, or to two or 
more of these schools, each school year, for a pei-iod of at least 
twelve (12) consecutive weeks in each school year : Provided, 
That any and all children that have completed the first eight 
years of work of the common scliools of the State of Indiana and 
have received certificates of graduation from the common schools 
shall ])e exempt from the [)rovisioii f)f this act: Pror/dcd, That 
children who are physically or mentally incapacitated for tlie 
work of the common schools are exempt from tlie provisions of 
this act ; but the school authorities sliall Ijave the right and duty 
Avhere such exemption from the provisions of this act is claimed 
by any parent, guardian, custodian or child, to cause an exam- 
ination of such child by a physician or physicians employed for 
such purpose by such officers, and if such physician or physi- 
cians hold that such child is capable of doing the work in the 
common schools, then such child shall not be exempt from the 
provisions of this act. (R. S. 1897, § 6259.) 

239. County Truant Officers — Duties — Misdemeanor. 2. 

It shall be the duty of the County Supei'intendent of Schools for 
township, and of the City Superintendent of Schools in a city or 
town, together with the Secretary of the State Board of (/hari- 
ties and one mend)er of the State Board of Education designated 
for such purpose by said Board, to aj)point one or more Truant 
Officers, not exceeding live in number in any county, who shall 
be assigned to duty by districts composed of townships. The 
Truant Officer shall see that the provisions of this act are com- 
plied with, and when from personal knowledge or by report or 
complaint from any resident of the township or townships under 
his supervision, he believes that any child subject to the pro- 
visions of this act is habitually absent from school, he shall im- 
mediately give written notice to the parent, guardian or custo- 
dian of such child that the attendance of such child at school is 
required, and if witliin five days such parent, guardian or cus- 
todian of child does not comply with the provisions of this 
section, then such Truant Officer shall make complaint against 
such parent, guardian or ciLstodian of such child, in any court 
of record, for violation of the provisions of this act, and any 
such parent, guardian or custodian of child who shall violate the 
14 — ScH. Law, 



210 SCHOOL LAW OF INDIANA. 

provisions of this act sliall be adjudged guilty of a misdemeanor, 
and upon conviction thereof shall he fined in any sum not less 
than ten nor more than fifty dollars, to which may be added, in 
the discretion of tlie court, imprisonment in the county jail not 
less than two nor more than ninety days. (R. S. 1897, § 6260.) 

240. Truant officers in cities and towns. 3. For every 
city or incorporated town it shall be the duty of the Superin- 
tendent of Schools of such city or town, together with the Sec- 
retary of the State Board of Charities and one member of the 
State Board of Education, designated for such purpose by the 
said Board, to appoint one or more truant otJicers for the en- 
forcement of the provisions of this act in such city or incorpo- 
rated town in the manner and under sucli penalties as are pre- 
scribed by section 2 of this act. [R. S. 1897, § 6261.) 

241. Compensation of truant officers. 4. The truant of- 
ficers provided for in this act shall receive from the County 
Treasury two dollars for each day of actual service, to be paid 
by the County Treasurer upon Avarrants drawn by the County 
Auditor. (E. S. 1897, § 6262.) 

242. Terms of truant officers, o. The truant ofiieers 
provided for by this act shall serve one year from the date of 
their appointment, unless sooner discharged by the Board which 
is by this act provided for their appointment. R. S. 1897, 
§ 6263.) 

243. Reports of appointments. 6. All school ofiieers are 
hereby required to make and furnish all reports that may be re- 
quired by the Superintendent of Public Instruction, or by the 
Board for the appointment of truant ofiieers with reference to 
the workings of this act. (R. S. 1897. § 6264.) 

244. Poor children, assistance. 7. If any parent, guard- 
ian or custodian of any child or children is too poor to furnish 
such child or children with the necessary books and clothing 
with which to attend school, then the School Trustee of the 
township or the Board of School Trustees or Commissioners of 
the city or incorporated town where such parent, guardian or 
custodian resides, shall furnish temporary aid for such purpose 
to such child or children, which aid shall be allowed and paid 



SCHOOL LAW OF INDIANA. 211 

upon tlie certificate of said oificers by the Board of County 
Commissioners of said county. Such Township Trustee or 
Board of School Trustees shall at once make out and file with 
the Auditor of the county a full list of the children so aided, 
and the Board of County Commissioners, at their next regular 
or special meeting, shall investigate such cases and make such 
provisions for such children as will enable them to continue in 
school as intended by this act. (R. S. 1897, § 6265.) 

245. ** Parental home" — Incorrigible child. 8. School 
Commissioners, Trustees, and Boards of Trustees, are empow- 
ered to maintain either within or without the corporate limits 
of their corporations a "Parental Home" for incorrigible and 
truant children. Any child not being over twelve years of age, 
who shall be truant or incorrigible, may, with the common con- 
sent of the School Trustee, or Boards of School Trustees or 
Commissioners and parent, guardian or person having charge 
of such child, be compelled to attend such "Parental Home" 
for an indeterminate time. If the parent, guardian or person 
having charge of such incorrigible or truant child, shall refuse 
his consent to the attendance of such incorrigible or truant child 
at such "Parental Home," the Superintendent of Schools, or the 
Principal, Supervisor or teacher of any school, may file com- 
plaint in the Circuit or Superior Court of the county, and such 
courts shall have the power, upon hearing of the case, to order 
the compulsory attendance of such incorrigible or truant in such 
"Parental Home" for an indeterminate time, not longer than 
120 days. (R. S. 1897, § 6266.) 

246. Tax. 9. For the purpose of defraying the increased 
expenditure necessary for the carrying out of the purposes of 
this act, Trustees of school townsliips, Boards of School Trus- 
tees or Commissioners of cities and toAvns and Boards of School 
Commissioners, are hereby empowered to levy, in addition to 
any and all sums heretofore provided by law, any amount of 
special school revenue not exceeding ten cents on the hundred 
dollars of taxable property ; such taxes to be levied and col- 
lected as all other special school revenue. (P. S. 1897, § 6267.) 

247. When child exempt. 10. If any child live more 
than two miles from the nearest public school, he shall not be 
subject to the provisions of this act. (R. S. 1897, § 6268.) 



212 



SCHOOL LAW OP INDIANA. 



CHAPTER XVIII. 





THE FUND 


Sec 




Sec. 


248. 


Wh.at constitutes. 


292. 


249. 


Estrays and property adrift. 


293. 


250. 


Counties liable. 


294. 


251. 


Account of fund. 


295. 


252. 


Custody of lands. 




253. 


Leasing lands. 


296. 


254. 


Divided school sections. 


297. 


255. 


Boundaries of townships. 


298. 


256. 


School township, when county lines 


299. 




divide. 


300. 


257. 


Auditor's statement as to children. 


301. 


258. 


Auditor's duty. 


302. 


259. 


Account and distribution. 


303. 


260. 


Duties of the other Auditor. 


304. 


261. 


Account — Readjustment. 


305. 


262. 


Power of Trustee. 


306. 


263. 


Sale of school lands. 


307. 


264. 


Proceedings to sell. 


308. 


265. 


Ballots. 


309. 


266. 


Results of election. 


310. 


267. 


Certificate of vote. 


311. 


268. 


Trustee'.'! duty. 


312. 


269. 


Order and conduct of sale. 


313. 


270. 


Terms of sale— Timber. 


314. 


271. 


Forfeiture— Re-sale. 


315. 


272. 


Forfeiture, how prevented. 


316. 


273. 


Forfeiture— Liability for waste. 


317. 


274. 


Suit for waste. 


318. 


275. 


Private sale. 


319. 


276. 


Reappraisement. 


320. 


277. 


Advertisement of funds. 


321. 


278. 


Reappraisement of forfeited lands. 


322. 


279. 


Appropriation by Commissioners. 


323. 


280. 


Certificate of purchase. 


324. 


281. 


Rights of purchase. 


325. 


282. 


Failure to make first payment- 


326. 




Penalty. • 


327. 


283. 


Assignment. 


328. 


284. 


Defective assignments — Proceedings. 


329. 


285. 


Loan of purchase money. 


330. ] 


286. 


Payment. 


331. ] 


287. 


Lost certificate. 


332. 


288. 


Purchase money, where paid. 


332. 


289. 


Duty of Auditor. 


334. ] 


290. 


Deed. 


335. ] 


291. 


Sale— Legalization . 


336. ] 



Title, when complete. 
Sale had without vote. 
Compensation on failure of title. 
Lands of surplus revenue fund, how 

sold. 
Interest — Judgment. 
Advertisement of funds. 
Auditor's duty. 
Appraisement. 
Duty of appraisers. 
Loans outside of county. 
Limit of loan. 
Certificate as to liens. 
Oath of applicant. 
Time of loan. 
Limit of loan. 

Acknowledgments and oaths. 
Record of mortgages— Priority. 
Auditor's duty. 
Fees. 

Interest unpaid — Auditor's duty. 
Collection on default. 
Fund to be specified. 
Form of mortgage. 
Form of note. 
Warrant to borrower. 
Payments — Quietus. 
Indorsements and satisfaction. 
Suit for deficiency. 
Notice of sales. 
Manner of sale — Surplus. 
Auditor's bid. 
Sale of lands bid in. 
Reappraisement of forfeited lands. 
Appropriation by Commissioners. 
Deed by Auditor. 
Statement of sales. 
Title in State without deed. 
Annual report. 
Duty of Boards. 
Board's report. 
Disposition of report. 
Apportionment of loans. 
Miscellaneous school fund account. 
Distribution and report. 
Penalty against Auditor. 

[1865, p. 3. Approved and in force March 6, 1865.1 

248. What constitutes. The funds heretofore known and 
designated as the Surphis Revenue Fund, all funds heretofore 



SCHOOL LAW OF INDIANA. 213 

appropriated to the common schools, the Saline Fund, the Bank- 
Tax Fnnd, the fund which has been derived or niay be derived 
from the sale of county seminaries and the property belonging 
thereto, the moneys and properties heretofore held for such 
seminaries, all fines assessed for breaches of the penal laws of 
the State, all forfeitures which may accrue, all lands and other 
estate which shall escheat to the State for want of heirs or kin- 
dred entitled to the inheritance thereof, all lands which have 
been granted, or may be granted hereafter, to the State, when 
110 special object is expressed in the grant, the proceeds of the 
sales of the swamp lands granted to the State of Indiana by the 
act of Congress of September, 1850, the taxes which may be 
assessed from time to time upon the property of corporations 
for common school purposes, and the fund arising from the one 
bundred and fourteenth section of the charter of the State 
Bank of Indiana, shall be denominated the " Common School 
Fund." The fund derived from the sale of Congressional town- 
ship school lands, and the unsold Congressional township school 
lands, at the reasonable value thereof, shall be denominated the 
" Congressional Township School Fund," and shall never be 
diminished in amount, the income of which, together with the 
taxes mentioned and specified in the first section of this act 
[§ 4465], the money and income derived from licenses for the 
sale of intoxicating liquors, and unclaimed fees, as provided by 
law, shall be denominated the "School Revenue for Tuition," 
the whole of which is hereby appropriated, and shall be ap- 
plied exclusively to furnishing tuition to the common schools 
of the State, without any deduction for the expense of collec- 
tion or disbursement. (R. S. 1881, §4325; R. S. 1894, §5750; 
R. S. 1897, § 6011.) 

1. Two Distinct Funds. This section, in conformity with the decisions 
cited under section 1, provides that there shall be two distinct funds, the "Com- 
mon School Fund " and the "Congressional Township School Fund," which must 
be kept apart and managed separately (?251). Under the former title are con- 
solidated all the funds named in the Constitution, except the Congressional Town- 
ship Fund, and in addition thereto "all funds heretofore appropriated to com- 
mon schools," referring to all moneys arising from the sale of estray animals, and 
property taken up adrift, which were, by an act approved -January 15, 1844 (? 249), 
transferred to the Common School Fund of the county to be ratably apportioned 
among the several school districts thereof. Neither of these funds shall ever be 
diminished, for the term Common School Fund in the Constitution includes both. 
— Davee v. State, 7 Ind. App. 71. 



214 SCHOOL LAW OF IXIHANA. 

-. Kkvkniks. Oi the *' Srhoul Kovomie for Tuition "tho inloivst on the 
Common School Fund, the proceeds of the State tax, and the nnchiimod fees are 
paid into the State treasury and apportioned to the counties by the Superintend- 
ent of Public Instruction semi-annually on the basis of school population. — f l2o- 
128. The revenues derived from the Congressional Township Fund and from 
county liquor licenses are distributed by the County Auditors to the townsliips and 
counties to which tliey resi)ectively belong. — § loo and R. S. 1881, §ooU); (J\. S. 
1894, ^7281; E. S. 18!)7, i?762(.)); State v. Forkner, 70 Ind. 241. 

3. Feks of Offickks. No deduction shall be made from the school revenues 
for expense of collection or disbursement, but tlie county auditors shall receive 
from the general funds of the counties the amount of one per cent, on the perma- 
nent school funds held in trust by their several counties, as compensatum for tl>e 
management of them. — R. S. 1881, ?5909; Hanlon v. The lioard, 53 Ind. 12.!. 

4. Ili.kgal Deductions Recoveuable. Statute of Limitattons. By tlie 
school law of 1855, and also of 1805, still in force (? 248), the income of the Com- 
mon School Fund and the taxes levied and collected for tuition are required t>i 
be applied exclusively to furnishing tuition in the common schools of the State. 
Provision is made for payment out of the county fund of the fees of officers for 
collecting, managing and dispensing the tuition fund. (R. S. 1881, §i^ 5909, 5927, 
6928.) From the constitutional and statutory provisions it is manifest that, with 
reference to common school funds, the State and county act simply as trustees for 
the benefit of the school children of the State. The county can not repudiate or 
disavow its trust, and where it misappropriates common school funds, no failure 
of the proper officers to bring suit for any length of time after notice of the misap- 
propriation can be set up by way of limitation to the action to the prejudice of 
the beneticiaries of the trust. — State v. St. Joseph Co., 90 Ind. 359; Board v. State, 
103 Ind. 497; Board v. State, 100 Ind. 270; Board c. State, 100 Ind. 531. 

5. EsTRAYS. Under the first clause of the schedule annexed to the Constitu- 
tion of 1851, the act of January 15, 1844 (p. 86 of act of 1844) (g 247), entitled 
"An act converting the moneys arising from the sale of estrtiys and property 
taken up adrift into the Common School Fund, not being inconsistent with the 
Constitution and not having expired or been repealed, has remained and is in 
force;" and under its provisions and those of ^ 248, all moneys arising from the 
sale of est ray animals and property taken up adrift, "so soon as the same shall 
have vested absolutely in any county," becomes a part of the Common School 
Fund of the State. — Board v. State, 92 Ind. 353. 

0. Recovery of Deductions. The statute of limitations of 1852 does not bar 
a recovery against a county for misappropriation oi funds donated by the Consti- 
tution and laws exclusively to tuition in the common sciiools ; and the appropria- 
tion of any part of it to tlic payment of officers' fees for collecting or managing 
the funds is wholly unauthorized, and a violation of a trust Avhich is not in the 
power of a county to deny. — State c. Board, 90 Ind. 359; Board v. State, 103 Ind. 
497; Vanarsdall V. State, 05 Ind. 176, 184. 

7. Fines. A fine for contempt is as much a {>art of the School Fund as any 
other fine. — Alexander v. State, 9 Ind. 337; i^wift c. State, 03 Ind. 81. 

8. Escheat. Tlie provisions of the Constitution with reference to escheat- 
are not self-executing; and money paid into the State Treasury for want of heirs 
under ?2411 to iJ 2415. R. S. 1881; R. S. 1894, ^-622; R. S. 1897, ^2018, does not 
escheat. — State v. Mever, 03 Ind. 33. 



SCHOOL LAW OF IXDIAXA. 21o 

9. Belongs to Inhabitants. The .school law does not conflict with the act 
of Congress granting the sixteenth section in the several congressional townships 
in the State to the inhabitants of such townships for the use of schools. — Quick v. 
Springfield Township, 7 Ind. 6'S6; State v. Springfield Township, 6 Ind. 83; Quick 
V. Whitewater Towiisiiip, 7 Ind. 570; Daggett o. Bonewitz, 107 Ind. 27'i. 

10. LrquOR License Fees. Liquor license fees belong to the county, there 
to be wholly expended for tuition purposes, and not to the permanent Common 
School Fund of the State.— R. S. 1881, ?5316; R. S. 1894, ^7626; R. S. 1897, 
?7626; State v. Forkner, 70 Ind. 241. 

11. Mandate. Mandate lies to compel the proper application of the funds. 
— State V. Cooprider, 96 Ind. 279. 

12. Property Found on Dead Bodies. The proceeds of effects found by the 
Coroner ou tlie bodies of dead persons do not belong to the Common School Fund, 
but go to the support of the common schools of the county, and an action to com- 
pel its proper application can not be prosecuted on the relation of the Attorney- 
General. — State V. Board of Commissioners, 85 Ind. 489. 

13. Lotteries. Lotteries, in aid of schools, and gift exhibitions are illegal. 
—Whitney v. State, 10 Ind. 404. 

14. Tax Penalty. The provision of the tax law (R. S. 1881, §6339; R. S. 
1894, §8465; R. S. 1897, §8995), inflicting a penalty for a false tax list and turn- 
ing the penalty into the County Treasury for the use of the county, instead of for 
the School Fund, is constitutional. — Burgh v. State, 108 Ind. 132. 

15. Sale of Escheated Lands. Sale of escheated and other lands and 
transfer of proceeds to Permanent School Fund by Auditor of State. [See Acts 
1889, p. 309, § 9.] An act of 1883 authorized the County Commissioners to sell 
escheat lands. [See Acts 1883, p. 79.] 

[Vm, p. 86. Approved and in force January 15, 1844.] 

249. Estrays and property adrift. 1. All mone} s arising 
from the sale of estra}' animals and property taken up adrift, so 
soon as the same shall have vested absolutely in any county, 
shall be by the proper officers transferred to the Common School 
Fund of the county, and shall be ratably apportioned amongst 
the several school districts [corporations] thereof. (R. S. 1897, 
§ 6012.) 

1. In Force. The above section is still in force, — Boird v. State, 92 Ind. 353 
[1865, p. 'j. Approved and in force March 6, 1865.J 

250. Counties liable. 3. The several counties of this State 
shall be held liable for the preservation of so much of said fund 
as is intrusted or may have been intrusted to them, and for tlie 
payment of the annual interest thereon, at the rate established 
by law, the payment of whicii interest shall be full and com- 
plete every year, and shall so appear in the Auditor's report to 



•Jld 801UUU, LAW OK IMMANA. 

tho Sn|HM'iiiiiMult.Mit ol' PuM'u' liistriU'tion ; :uul tliosa'ul Snpor- 
iiiio!ul(,Mtt shall, at aiiv liiiu\\\lion ho disoovors, tVom tho I'oporl 
or otluM'wiso, ihai thoco is a dot'u'it in tho amount oolloi'toil, for 
uant ol" [>ronnit ooUootion, or lUhorwiso, ilir^Ht tho attontion o[' 
tho Uoaivl ot" County (\uuuiissionors and tho (\»unty AuditiM' 
to tlio t'aot. ami said l^oard of Contmissionors aro horoby author- 
i/.od and ixHjuirod to provido toi- suoh doiioit in thoir rospootivo 
oountios. (R. S. 1881, § 4lV2(\ : R. S. 1894, i? 57r>l ; R. S. 1897, 

1. Intkrkst. This section is designed to eanv out tlie requirements of 
tl»e Constitution (§ ti"). The interest on the sehool funds is :it tlie rjite of six 
per eent. 

2. DKFion"s M.VPK li-. Tlie Board of County Coiumissioners is requirod to 
make up losses to both iho primipal and interest of the funds, at their June meet- 
ing ('^ ;>'J1>\ bv anthorizina; the Auditor to draw a warrant for ihe amount of the 
dotieit upon the gvueral fund of tlie eonnty in favor of the partieular seliool fund 
found detieient, and upon failure of the board so to aet they beoonie liable to an 
aetion in the name of the State upon the relation of the Superintendent of Public 
Instruction, who may notify tlie proper prosecuting attorney to bring such action. 

8. Anx)RNEY-(iKX>:KAL AS IviOiATOR. When suit is brought by the State to 
ivoover any part of its common school fund, the Attorney-Ceneral is a proper 
otfiwr to bring such suit, and is a proper relator therein. — Board v. State, 92 Ind. 
ooS; State r. Board, o Ind. App. 220. 

4. .\ rroKNKY's Fkks. A county may, and it is its duty, to employ an attor- 
ney to protect the school fund; but it can not pay him out of that fund; it must 
pay him out of the gvueral county fuiul. — Board v. State, lU? Ind. 321). 

5. Coi'NTY IjAiiLK. The school fund is ititrusted to the county, and it is 
charged with the amount it receives; if loss occtu-s the county has to make that 
loss good ; aiui if the utoney is not loaned the county is chargtnible with the inter- 
est theivon, and must pay it; wlien this is done the obligation of the county has 
In^en fully met. It never was the intention of the framei-s of the Constitution that 
the school fund should be enhanced at the expense of the county, but simply that 
the fund should be preserved intact, ai\d the interest annually paid. — Board r. 
State, 122 Ind. oiv?; Davee r. State. 7 Ind. App. 71 ; State r. Board. 5 Ind. App. 220. 

t5. DivF.KSiox oi" Fixi^s. If money, instead of being added to the perma- 
nent school fund of the county, has been applied to other purposes for the benefit 
of the (.HHinty, it is a virtual conversion of the money to the use of the county, and 
the Attoruey-Ceneral may file an account before the Board of County Commis- 
sioners, demanding that it be receipted back into the county treasury. State v. 
RianI, 5 Ind. App. 22t). 

7. Maxi>amit!S. Mandamus is not the proper remedy to recover funds due 
from the county to the school fund. State r. Board, o Ind. App. 220. 

251. Account of fund. 1'">1. Tho County Auditoi-s ot' the 
several oountios ot' this State shall, intniediately upon the taking 
etteet of this aot. open an aooount upon their books with eaoh 



SCHOOL LAW OF INDIANA. 217 

of the congressional t<nviisljij),s of their respective counties 
whose funds are managed by them, and transfer to such account 
from the ('ommon School Fund account the principal of the 
Congressional Township Fund, as it existed before its consoli- 
dation with the Common School Fund, and shall thereafter 
keep a separate account of the principal and interest of the 
Congressional Township Fund of each township. (R. S. 1881, 
§4327; R. S. 1894, §5752; R. S. 1897, §6014.) 

1. Separation of Funds. This section requires the separation of the C'on- 
gressiona! Township Fund from the Common School Fund, with which it had 
been consolidated by the school law of 1852, in accordance with the Constitution 
(§1). But the courts have held that the proceeds of the sale of the school sections 
could not be diverted from the use of the inhabitants of the congressional town- 
ships, to whom they had been granted by the United States. — State v. Springfield 
Tp., 6 Ind. 83; same, 22 How. U. S. 56; Quick r. Whitewater Tp., 7 Ind. 570; 
Quick V. Springfield Tp., Ind. 636. 

2. Proceeds of Lands. When the school sections have been sold the pro- 
ceeds of the sale are managed by the County Auditor, and the interest thereon 
distributed by him through the county treasury to the proper School Trustees. — ■ 
Davis V. State, 44 Ind. 38; affirmed, 94 i^4 Otto) U. S. 792. 

[1873, p. 79. Approved and in force March 7, 1873.] 

252. Custody of lands — Report of income. 44. The cus- 
tody and care of all lands belonging to the Congressional Town- 
ship Fund shall be with the Trustee of the civil township in 
whicli the same shall be situated ; who shall report, annually, 
to the Auditor, by the fourth Monday in March, the annual in- 
come derived therefrom, to the township. And the report shall 
eml)race a fully itemized statement of his rent account of such 
lands; to whom and for what amount the same was rented to 
each tenant; and wiiether the rents have been collected or not; 
and if any portion has not been collected, he should state fully 
the reasons why the same has not been collected. Any Ti-ustee 
who has heretofore failed and neglected to so report shall em- 
brace in his first report such itemized statement and showing 
for each preceding year not so reported, whether by himself or 
his predecessors ; and the amount of School Funds for any year, 
to which such township might otherwise be entitled, shall be 
withheld, and not paid over to such Trustee, if the rental value 
of such lands for such terms shall equal or exceed the town- 
ship's otherwise portion of the School Fund; and it shall be 



•_'1> SClldOl. \.\\\ dl' IXUIANA. 

lln' (lutv ol" siu'h 'I'nistoo to |>:iy into tlu' ooiintv tro:tsui\v all 
ri'Mts i'olloi'tcd ;unl fcpoi'toil hv him us atorosa'ul. t^K. S. 18S1, 
^4n-JS; n. vS. 1S!)-K J^:)7:>;}: \i. S. 18!»7, ^(iOlT).) 

1. KtON'i's l>isruiiu' ri:n. 'l'l\o routs of sclioul lands sliiill ho paid into tlio 
oouutv iroasiuv, U> l>o disiiiimtod l<y ilio Auditor lonvtlior \vitl\. and in llio stimo 
inannor as. tlio intoiosi on tiio ( oniirossional Towitsltiii Fund. And a Township 
'rnistoo wlu^ tails to pay tiio ronts into tho ooiinty ti-oasniy, as ihoroin loipiirod. is, 
witli his oonuty. liaMo on his liond lor tlio autonut, \vitl\ ton por oont. damages, 
in a snil in tlu' nanio of tlio Stato on rotation of tlu- I?oard of ronimissionors. — 
Davis r. Stato. II Ind. oS ; Oavis r. Indiana. I't l'. S. ^4 Otto) 7!'-J. 

2, .1 rtnn.vi, Nivrni;. I'onrts will not lako jiidioial notioo what lands wore 
suhstitntod for tho sixloonth sooliou, whon tiiat sootion has hooi\ sold and othor 
lands stihstitntod for it. It must ho shown that snoh siibstitutod lands were 
aotvially solootod by tho Sooiotary of tho Troasiiry, as roquiivd by the statute of 
tho I'liited States. IVok r. l... N. A, .>i (\ K. K. l\>., 101 Ind. o(>(?; Dnggvtt »•. 
Honowit/., 107 Ind. 27t>. 

0. TiiK Eqiiai.i/..\tion ok Hkykni'k among tho oivil ii>wnships by taking 
into o*>nsideration the eongtvssional township revenue is ootjstitutional. Quick c. 
Whitewater Township, 7 hul. o/O; City ol" Latayelte v. .lenner, 10 Ind. 70; Ad- 
auison r. .Vnditor, Ind. 174; Qniek r. Laurel Township, 17 Ind. 844. 

4. SoiiooL l-.\NMv< Nor vSviuKi^r TO .\.sst><sMKNT FOR OuAiNS. The eon- 
giH>ssional township lands in this State are not subjeet tt> assessments in aid ot' 
oonstrnotion of publio ditohos or drains. -Kdgortoi\ r. Huntington Sohool Town- 
ship. rJti Ind. '2(>1. 

">. Will ui: 1, A NIKS wKui- SKi.KorKi* UY rnK Skokktaky of riiF Prk.vs- 
i KY i\>K Soiiooi. 1'frihvsf.s, Under aot of Congress of May "20. IS'Jd. tho title 
vested in the ii\habitants of that eongressional township, and a o.inse of notion to 
iveover the possession of the lands from one hohling them adversely aooruod at 
that time. The faet that tho olaimant enteivd into |>os.se-ssion of the land while 
the title was in the U. S. ilid not prevent his holding f<\>m l>oooming adverse to 
the township so soon as the title vested in it.- llargis r. Inhabitants, etc., 29 
Ind. 70. 

llStv", t>. :V .Vv^provod auvl in t\>roo M;ooh i'. lSlv'«.] 

253. Leasing- lands. 4"). 1K> shall havo po\voi\ wliou 

(li footed so to do l>\- a vote, of h\ tho wi'irroii dii'ootioit o\' a 
majority ot' tho \otoFs ot' tho ooiiu-fossional township to whioh 
the same bolono-s, to loaso snoh lands t'or anv torni not oxoooil- 
ing sovon voai's, ivsorvino- ronts. paxaMo in nnntow propoFtv. tn* 
impFOYomonts npon tho land, as mav ho difootvd hy a niajoFity 
i>t" snoh YotoFs. ^R. S. 1S81, S 4:>:^lt : R. S. 18JU. >^ oTra : R'. S. 

1. VoTKRts. The voters heiv inteiided aiv snoh persons as are entitled to 
vote at sivnoral and township eUvtions, as detined in the Constitution ^K. 8. 1881, 
■?84; K. S. 1894. : 84 ; H. S. 18!>7. iv^4V As the law does not provide how such 



SCHOOL LAW OF INDIANA. 219 

vole .--IimII be taken, a pelitioii is llie better mode of procedure. If sij^ned by a 
majority of tlie voters of the township the Trustee is bound to comply witli it. — 
Anders(jn ;■. Prairie School Tp., 1 Ind. App. 34. 

2. Power of Township Trustee. A Township Trustee has no power to 
lease the lands belonging to a congressional township, unless the voters of such 
township direct their leasing; and a tenant taking a lease without such directions 
having been given, does so at his peril. — Anderson i'. Prairie Tp., 1 Ind. App. 34. 

3. At'THORiTY TO Inx'UR Debts. No authority is given Townshij) Trustees 
to incur debts in improving school lands. Anderson v. Prairie School Tp., ] Ind. 
App. 34. 

4. Contract — Condition Precedents. Wherever the authority of a Trustee 
to bind his corporation by contract depends upon precedent conditions, one who 
seeks to establish rights under such contract must show affirmatively that all of 
the antecedent requirements were strictly complied with. — Anderson v. Prairie 
School Tp., 1 Ind. App. 34. 

254. Divided school section. 46. When the sixteenth 
section, or the section which may be granted in lieu thereof, 
shall be divided by a county or civil township line, or where 
the substituted section lies in any other county in the 8tate, the 
voters of the congressional township to which the same belongs 
shall designate, by vote or by the written direction of a majority, 
the Trustee of one of the civil townships including a part of 
said section, to have the care and custody of said section, and 
to carry out the directions of the voters of the township in rela- 
tion thereto ; and the Trustee so designated shall have the same 
powers and perforin the same duties as if the entire section was 
situated within the limits of the civil township, and receive from 
the County Treasurer the revenue derived from funds accrued 
from said sale. (E. S. 1881, §4330; R. S. 1894, §5755; Ti. S. 
1897, § 6017.) 

255. Boundaries of townships. 148. The County Com- 
missioners of each county are required to conform the boundary 
of their civil townships to those of congressional townships, so 
far as it is practicable to do so. (R. S. 1881, § 4381 ; R. S.^1894, 
§5756; R. S. 1897, §6018.) 

[1877 S., p. 66. Approved and in force March 12, 1877.] 

256. School township, when county lines divide. 1. 

AVhere county lines divide a congressional township, the proper 
officer in the county in which the congressional school lands are 
situated, or AV(»uld he situated if unsold, shall control such lands 



220 SCHOOL LAW OF INDIANA. 

and the funds arising therefrom, as in this act is provided. (R. S. 

1881, ^ 4832 : R. S. 1894, § 5757 ; R. S. 1897, § 6019.) 

257. Auditor's statement as to children. '2. When the 
enumeration is maik' of children, under the school laws, the 
Auditor of each county shall furnish to the Auditor of the other 
a statement showing the number of children in each congres- 
sional township; and to enable him to do this correctly, the 
person or officer making the enumeration shall correctly state 
the number of children in the congressional township so divided 
by county lines. (R. S. 1881, § 4333; R. 8. 1894, ^ 5758; R. S. 
1897, ^ 0020.) 

258. Auditor's duty. 3. The Auditor of the county having 
control of the fund shall open an account Avith the other county 
as to each congressional township, and credit said other county 
with all money on hand, all securities for lands sold, and, if any 
lands be unsold, with the proceeds when sold ; and, from time 
to time, as nioney comes in, shall credit such county with such 
money — that is to say, shall divide such money pro rata on the 
basis of such enumeration and enter the credit ; and shall pay 
over such money, be it little or much, to the Treasurer of such 
other county, iile his receipt with the Auditor and take a quietus^ 
and so continue until the whole portion due such other county 
is paid over. Such payments shall be made quarterly, to corre- 
spond with the iiscalyear. (R. S. 1881, §4334; R. S. 1894, 
§5759: R. 8. 1897, §0021.) 

1. Auditor Bokrowixg. In Ware v. State, 74 Ind. 181, it was held that a 
loan made by the Auditor of a county to himself was void, but this was so modi- 
fied in State r. Levi, l>9 Ind. 77, as to nialce the mortgage valid or invalid at the 
option of those having a supervisory control over such fund. Such mortgage 
remains a subsisting security for the loan against the mortgagor or his residue, for 
value, and without notice, notwithstanding the reimbursement of the School Fund 
out of the county revenues. — State i\ Greene, 101 Ind. 532. The judgment of 
foreclosure bore the same rate of interest as the mortgage (Stockwell i\ State, 101 
Ind. 1); but this rate was modified by the act approved February 17, 1893. See 
p. 41, Acts 18J)3; R. 8. 1894. go796; E. S. 1897. ^ii^Or^S. 

2. AvniTOR BoKROWiXG. A County Auditor can not lawfully both lend and 
borrow from the Sciiool l-nud. and loans so made and mortgages so executed are 
without autlun-ity of law. — State v. Greene. 101 Ind. oo2. 

259. Account and distribution. 4. Such Auditor to the 
county controlling such lands and fund shall also open an ac- 
count with such lands and with the township in his own county 



SCHOOL LAW OF INDIANA. 221 

divided by county line, and sliall debit and credit such accounts 
as he receives mone}' or securities from sales or collections from 
lands forfeited and resold, and all expenses in full and regular 
order of entr}' and accounting, so lie can tell, at any time, the 
condition of the lands, funds and securities. He shall collect in, 
as fast as possible, all moneys outstanding, make proper distri- 
bution as per enumeration, and credit the proper account in 
said county, and continue to pay over to the other county, as 
above provided, until each county has its proper proportion of 
said funds. (R. S. 1881, § 4335 ; R. S. 1894, § 5760 ; R. S. 1897, 
§ 6022.) 

200. Duties of the other Auditor. 5. The Auditor of such 
other county shall open an account with the proper township in 
his county, and credit such fund as fast as received; and, when 
in sufficient amount, shall loan the same as now required by 
law. Both Auditors shall make a statement of the condition 
of the fund annually, at the end of the proper fiscal year, and 
tile one copy with the Superintendent of Public Instruction, lay 
one before the County Commissioners (which latter shall be 
spread upon their record), and both shall be sworn to by the 
Auditor. (R. S. 1881, §4336; R. S. 1894, §5761; R. 8. 1897, 
§ 6023.) 

261. Account — Re-adjustment. 6. The process contem- 
plated by this act shall continue so long as any lands remain 
unsold, or any securities are uncollected, and until each county 
shall have become possessed of its proper share of such fund in 
money, when the accounts here required to be kept shall be 
closed and reported as aforesaid : Provided, That in the year 
1890, and every two years thereafter, there shall be a re-adjust- 
ment of said fund belonging to such congressional township, 
upon the basis of the number of children enumerated in each 
part of such congressional township, as hereinbefore provided ; 
and the Auditor having a surplus of such fund, according to 
such basis, shall pay to the Treasurer of the county interested 
the amount of money due said county upon the 'per cajpita basis 
then existing. For the services here provided for, the Auditor 
shall be allowed the same fees for records, certifi.cates and other 



li'IZ Sl'llOOl- l-AW OK INltlAN'A. 

lahiM', ;is is nllowinl hv law I'or otluM- similar sorxii'os. {]{. S. 
ISSK S l:5;?T; \\. S. 1S!)4, ^ 57()'J : K. S. ISDT. St!<>-4.) 

1. Tin' Aiulitdi-'s foe must ho paid out of tlio n'lMit'ral I'liud of llio I'oniUy. — 
llanlon /'. Huai-tl, '>.'5 liui. I'J.'^. 

[ISCiT. i>.o. Appiovod ami in t'tirci- Mnirh C\ ISiVi.] 

262. Power of Trustee. 47. Tlu' propor Tnisteo sluill 
lia\o all tlio riii'lits aiul [xnvors (if a laiulh^'d, in liis official 
nauio. in rtuM'i'inii" t'nltilhnont ot'oonlra^'ts rolatinii' to sncli lands, 
and proNontini'' waste or daiuaiiv, ov ['o\- \\\c rocovorv of tlie 
same whon oonimittod. t^R. 8. 1881, i:< 4;>;>8 : H. S. 18!U, ^TiTli-); 

263. Sale of school lauds. 48. At anv timo when livo 
voters of anv oonii'rossional township shall, hv petition to tlio 
'rrusteo havinii' (.'harii:e of the soliool hinds belonirinii: to such 
township, sot forth their (h^siro \'ov the sah^ o[' all m- any }>art 
of tho school land, tlu> 'Pi-nstoo shall ii'i\o pnltlic notice, in ti\e 
puhlic places in snch townshi[>, ot' the time and place in such 
township when and where halloting will he had to determine 
whethei" the lands shall he sold as petitioned for ov not : wlTuh 
notice shall he ii-i\-en at least twenty days before the time 
specilied therein. (^K. S. 1881, ^4oai>; K. S. 185*4, i^ r>7»U ; K. S. 
18})7. ^()0-J(>.) 

1. \VuKN I'KTinON ^'KCicSi^AKV. A petition is only noi-oss.arv w lioro land is 
sold the first time, jmuI is not necessary where it is sold to reetnor iho puivha-e- 
money.— MePhetei-s v. Wright, 110 Tnd. olO. 

2. Pi'JU.ie DnVH. Oongi-essional Township land ean not Ih^ assessed for the 
eonstrnotiini of a pnhlie diteh. Kdgerton c. llnntington Sehool Tp., 12t> Ind. :2(U. 

264. Pi'oceediiigs to sell. 49. A copy of snch ]H^tition 
shall be entered on the bocdv eontaininii' tho record o\' the pro- 
eoodings o\' such Trustee ; and his action thereon shall, also, be 
roeordlnl. ^R. 8. 1881, ^ 4740: R. 8. 1894, ^ o7G5 : K. S. 1897, 
^ 00:27.^ 

265. Ballots. TiO. If a voter favor the sale of such lands, 
ho shall write on his ballot tho word "salo;" if ho opposes tho 
sale, ho shall write tho words "No sale." (R. S. 1881, § 4841 : 
R. S. 1894, i^ .^7tU): R. S. 1897, ^ 00*28.) 



SCHOOL LAW OF INDIANA. 223 

266. Results of election. 51. ^STo sale shall be allowed 
unless a majority of all the votes cast at such election shall be 
in favor of such sale ; nor unless the number of votes constitut- 
ing such majority shall exceed fifteen. (R. S. 1881, § 4342; E. 
S. 1894, § 5767 ; R. S. 1897, § 6029.) 

267. Certificate of vote. 52. The Trustee shall attend at 
the time and place specified, and shall make out a certificate 
shoAving the number of votes given for and against the sale ; 
Avhich shall be signed by him and filed in his ofiice ; and he 
shall enter the same upon his record-book. (R. S. 1881, § 4343 ; 
R. S. 1894, § 5768 ; R. S. 1897, § 6030.) 

268. Trustee's auty. 53. Said Trustee, if satisfied that a 
majority of all, and more than fifteen, voters have voted for such 
sale, shall enter the same on his record-book, and proceed — 

First. To divide the lands, so voted to be sold, into such lots 
as will secure the best price. 

Second. To aifix a minimum price to each lot, not less than 
one dollar and twenty-five cents per acre, below which it shall 
not be sold. 

Third. To certify such division and appraisement to the 
proper County Auditor, together with a copy of all his proceed- 
ings in relation to the sale of said lands. (R. S. 1881, § 4344; 
R. S. 1894, § 5769 ; R. S. 1897, § 6031.) 

1. Where Petition Was IS'ot Necessary. When school land wliich was 
sold in 1847, and for non-payment of taxes on the purchase-money was again sold 
in 1883, four weeks' notice of the latter sale was sufficient under the law then in 
force, and no petition from the voters of the townshijD was necessary, such petition 
being required only wlien the land is first offered for sale. — McPheters v. Wright, 
110 Ind. 519. 

269. Order and conduct of sale — Fee. 54. Such certifi- 
cate and return shall, by such Auditor, be laid before the Board 
of County Commissioners, at their first meeting thereafter; and 
said Board, if satisfied that the requirements of the law have 
been substantially complied with, shall direct such lands to be 
sold; which sale shall be conducted as follows: 

First. It shall be made by the Auditor and Treasurer. 
Second. Four weeks' notice of the same shall be given, by 
posting notices thereof in three public places of the township 



224 SCHOOL law ok Indiana. 

wlioi'c the laud is sitiialod, nnd at the court house door, and by 
publicatiou in a newspaper printed in said county, if any — other- 
wise, in a newsi)apor of any count}^ in the State situated nearest 
thereto. The sahi shall he made by the Auditor, at public auc- 
tion, at the dooi' of the court house of tlie county in which the 
land is situated, and the Tivasurer shall take an account thereof; 
and each of said otKcei's, for nndcing sucli sale, shall receive a 
fee of one dollar, to be" paid by the purchaser. (R. S. 1881, 
§ 4335; R. S. 1804, § 5770; E. S. 1807, ^ 0082.) 

1. J5oAKi> Must Act. If tlie law has been coinplied with tl\e Board may be 
compelled by writ of mandate to order the sale. The order may be made at a 
special sewsion. The land can not be sold below tlie appraised value, of wliieh 
the purchaser must take notice. 

2. Public Sale. The sale must be made at the door of the court house of 
the proper county, at public auction. A private sale is illegal. — McPheters v. 
Wright, 110 Ind. r>l!). 

11875, s). i;U. Approved and in force March 9, 1875.] 

270. Terms of sale— Timber. 55. One-fourth of the pur- 
chase-money shall be paid in liand and the interest for the resi- 
due for one year in advance, and the residue in ten years from 
such sale, with like interest annually in advance; and deferred 
[)aynients shall be regjirded as a part of the congressional town- 
ship school fund, and reported as such by the Auditor to the 
Superintendent of rnblic Instruction: Froridcd, That when 
one-fourtli part or more of the value of tlie lands so sold, at 
the time of such sale, shall consist of the timber growing 
thereon, the terms of sale in such case may be as follows, viz. : 
At least one-half of the purchase-money cash in hand, and 
interest for the residue for one year in advance, and the residue 
in annual payments in not exceeding ten years from such sale, 
with like interest annnally in advance; and in such case the 
terms of sale shall be set forth in the notice provided for in 
the preceding section : A)}d proiiidcd further. That whenever the 
purchaser of any such land shall be proceeding to cut or remove, 
or threaten to cut or remove, from such lands, so sold, timber 
growing or being thereon, to such an extent that the land, after 
the cutting or removal of such timber, shall not be equal in 
value to the amount of purchase-money, with interest then 
remaining unpaid, it shall be the duty of the Trustee of the 



SCHOOL LAW OP INDIANA. 225 

civil township in wliicli sucli land is situated (and ho ib hcrel>y 
authorized and empowered) to commence and maintain an 
action, in the name of such township, in the Circuit Court of 
the county, to restrain and enjoin the further cutting or removal 
of such timber. (R. S. 1881, §4346; Tt. S. 1894, § 5771 ; K. S. 
1897, § 6033.) 

1. County Liabi^e for Interest. The county is cliargeable with interest 
on the entire amount of the price of the land, and the default of a purchaMer of 
the land in paying deferred installinentH, and its consequent forfeiture of the land 
to the school fund, does not relieve the county of liability for interest on the full 
amount. — Board of Commissioners v. State, 120 Ind. 442. 

[1865, p. 3. Aiiproved and in force March 6, 1865.] 

271. Forfeiture — Re-sale. 56. On failure to pay such an- 
nual interest when it becomes due, the contract shall become 
forfeited, and the land shall immediately revert to the township ; 
and the Auditor and Treasurer shall proceed, forthwith, again 
to sell the same, in like manner and on the terms above specified. 
If, on such second sale, such land shall produce more than suf- 
ficient to pay the sum owing therefor, with interest and costs 
and five per cent, damages, the residue shall, when collected, be 
paid over to the purchaser or his legal representative. (K. S. 
1881, § 4347 ; R. S. 1894, § 5772 ; R. S. 1897, § 6034.) 

1. Effect of Forfeiture — Surplus. A forfeiture under this section does 
not divert the title of the purchaser to the real estate, but simply authorizes the 
State to sell the real estate for its own reimbursement, the surplus going to the 
purchaser. — McPheters i;. Wright, 124 Ind. 500. 

2. Redemption. A purchaser of school lands having made default in the 
payment of interest on the purchase, the lands were resold. J}y the law in force 
at the time of the purchase, a defaulting purchaser had a right to redeem within 
one year after the sale; by that in force at the time of the sale and at the time of 
the default a delinquent purchaser could redeem at any time before the sale, but 
not after. It was decided that the right to redeem was governed by the latter law. 
— Moor V. Seaton, 31 Ind. 11. 

272. Forfeiture, how prevented. 57. At any time before 
the sale, payment of the interest due and all costs, together with 
two per centum damages on the principal sum and interest due 
and owing for said land, shall prevent such sale and revive the 
original contract. (R. S. 1881, § 4348 ; R. S. 1894, § 5773 ; R. S. 
1897, § 6035.) 

15— Sf*(i Law 



226 SCHOOL LAW OF INDIANA. 

273. Forfeiture— Liability for waste. 58. In case of such 
forfeiture, the original purchaser may be sued for waste or un- 
necessary injury done to such land. (R. S. 1881, § 4349 ; R. S. 
1894, § 5774; R. S. 1897, § 6036.) 

274. Suit for waste. 59. Such suit shall be prosecuted by 
the Auditor, in the name of the State, for the use of the proper 
congressional township. (R. S. 1881, § 4350 ; R. S. 1894, § 5775 ; 
R. S. 1897, § 6037.) 

275. Private sale. 60. When any land offered for sale at 
public auction shall remain unsold, the County Auditor may dis- 
pose of the same at private sale for the best price that can be 
had therefor, not being less than the minimum price affixed 
thereto. (R. S. 1881, §4351; R. S. 1894, §5778; R. S. 1897, 
§ 6040.) 

1. When Sale Authorized. This section authorizes a private sale only 
where the land has been oflered for sale at public auction and remains unsold.— 
McPheters v. Wright, 110 Ind. 519. 

276. Re-appraisement. 61. After the expiration of the 
term of four years after any appraisement and offer for sale of 
any lands in this State belonging to any township for school 
purposes, and such lands remain unsold, it shall be lawful to 
re-appraise, sell and dispose of said lands in the same manner 
that they would have been had such lands not been previously 
offered for sale : Provided, however, That such appraised value 
shall not be below the minimum price now fixed by law. (R. 
S. 1881, § 4352 ; R. S. 1894, § 5779 ; R. S. 1897, § 6041.) 

[1883, p. 75. Approved and in force March 3, 1883.1 

277. Advertisement of funds. 1- Whenever, in any 
county of the State of Indiana, the school fund, or any part of 
the school fund, apportioned to such county to be loaned out, re- 
mains unloaned, it shall be the duty of the Auditor of said 
county to advertise, in the months of January, April, July and 
October, for three consecutive weeks, in a weekly newspaper 
published in said county, that such amount of school fund re- 
mains unloaned, and that applicants for loans can secure the 
same by applying at his office and fulfilling the requirements 
of the law under which he is authorized to loan out the school 
fund. (R. S. 1894, § 5809 ; R. S. 1897, § 6063.) 



SCHOOL LAW OP INDIANA. 227 

[1883, p. 79. Approved and in force March 3, 1883.] 

278. Re-appraisement of forfeited lands. 1. All lands 
which have become forfeited and have reverted, or may here- 
after be forfeited and revert to the various townships in the sev- 
eral counties of this State, for failure to pay the interest or 
principal of the amount due thereon to the school fund, and 
which have remained or hereafter remain unsold for the period 
of three years, by reason of the amount due thereon being in 
excess of the values of said lands, may be re-appraised and sold 
for a sum not less than said re-appraised value thereof; and 
such re-appraisement and sale to be made in the same manner 
and upon the same terms and conditions as is now prescribed 
by law for the appraisement and sale of such lands. (R. S. 
1894, § 5776; E. S. 1897, § 6038.) 

1. To WHAT Land Appliable. This section relates to the sale of congress- 
ional township lands, and it has no reference to the right of the county to be re- 
imbursed for interest paid on loans out of the proceeds of a sale under a mortgage 
after the principal has been paid to the State. — Board v. State, 122 Ind. 333, 

279. Appropriation by Commissioners. 2. Upon the 

sale of such lands as provided for in the preceding section of 
this act, the Board of County Commissioners of the several 
counties in which said lands are situated may make an appro- 
priation, from the general county funds, a sum equal to the 
difi'erence between the amount for which said lands shall have 
been forfeited and the amount for which such lands shall have 
last sold ; said sum appropriated to be placed to the credit of 
the proper fund and loaned as other school funds are loaned. 
R. S. 1894, § 5777; R. S. 1897, § 6039.) 

1. Mandatory. This section is mandatory, for the reason that the county is 
liable for all deficits in the funds entrusted to its care. 

280. Certificate of purchase. 62. A certified statement 
of such sale shall be made and signed by the Auditor, and, 
being first recorded by such Auditor in the records of the Board 
of County Commissioners, shall be delivered to the purchaser 
when he makes his first payment, and shall entitle him to a deed 
when the terms of such purchase shall have been fully complied 
with. (R. S. 1881, § 4853 ; R. S. 1894, § 5780 ; R. S. 1897, § 6042.) 

1. Judgment, No Lien. A judgment is no lien on land held by a certificate 
issued under this section. — Jeffries v. Sherburn, 21 Ind. 112. — See Bell v. Corbin, 
136 Ind. 269. 



228 



SCHOOL LAW OFESTDIANA. 



281. Rights of purchaser. 63. Every purchaser, until 
forfeiture, shall be entitled to all the rights of possession before 
existing in such Trustee or township, and to all rights and 
remedies for rents becoming due or breaches of covenant occur- 
ring after his purchase under any lease existing at the time of 
his purchase, and for all waste committed thereafter. (R. S. 
1881, § 4354; R. S. 1894, § 5781; R. S. 1897, § 6043.) 

1. Estoppel. When the inhabitants of a township had received a part of the 
purchase money of school lands, and interest for several years on the balance, 
and expended the money for the purposes contemplated by the grant, and the 
purchaser had taken possession and made valuable improvements, it was held 
that they must be deemed to have acquiesced in the sale, and that they are 
estopped to deny its validity. — State v. Stanley, 14 Ind. 409. 

282. Failure to make first payment — Penalty. 64. A 

purchaser at such sale failing to make the first payment as above 
required shall pay ten per centum on the sum bid, to be recov- 
ered by action before any Court having jurisdiction, to be pros- 
ecuted by the County Auditor in the name of the State for the 
use of the proper township; and the Auditor and Treasurer 
shall be competent witnesses. (R. S. 1881, §4355; R. S. 1894, 
§ 5782 ; R. S. 1897, § 6044.) 

1. Tender op Deed. In a suit to recover the final installment of purchase 
money, a deed should be first made and tendered. — Johnson v. State, 74 Ind. 588. 

283. Assignments. 65. IsTo assignment of a certificate 
shall be valid unless acknowledged before some oflicer author- 
ized to take acknowledgments of deeds, or before the County 
Auditor, who shall, in all such cases, record the same. Assign- 
ments of certificates heretofore made before any officer author- 
ized to take acknowledgments of deeds, when recorded, shall 
he as valid as if acknowledged before the County Auditor. 
(R. S. 1881, §4356; R. S. 1894^, §5783; R. S. 1897, §6045.) 



[1863, p. n. Approved February 27, 1863, and in force October 10, 1863.] 

284. Defective assignments — Proceedings. 1. Whenever 
the certificate of the School Commissioner or Auditor of any 
county of this State, issued for land sold, has been assigned by 
any person without a proper acknowledgment before the 
County Auditor or other proper officer, or assigned by delivery, 
and such assignor is deceased, any assignee of such certificate. 



SCHOOL LAW OF INDIANA. 229 

claiming title to the land described therein, may file his com- 
plaint in the proper Circuit Court, making the County Auditor 
and the heirs of such deceased assignor parties thereto. If it 
shall be proved to the satisfaction of the Court that the 
plaintiff, or any party to the cause, is the equitable owner of the 
land, and the purchase-money has been fully paid to the school 
fund, the Court shall direct the Auditor to execute a proper 
conveyance to the plaintiff or other parties entitled thereto, 
although the certificate has not been properly assigned or the 
assignment thereof properly acknowledged by the decedent. 
All other persons claiming any interest in the land may, on 
their application, be made parties and heard in the case. The 
Auditor shall execute a conveyance, according to the directions 
of the Court; and such conveyance shall vest in the grantee 
the title of said land as fully and to all intents and purposes as 
if the certificate had been legally assigned and the assignment 
properly acknowledged. (R. S. 1881, § 4357 ; R. S. 1894, § 5784 ; 
R. S. 1897, § 6046.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

285. Loan of purchase-money. QQ- When the residue of 
the purchase-money becomes due, the purchaser may retain the 
same as a loan for a term not exceeding three years, on payment, 
annually made in advance, of the interest thereon, at the rate 
then established by law for the loans of such funds ; but he shall 
receive no deed until- full payment is made. (R. S. 1881, § 4358 ; 
R. S. 1894, § 5785; R. S. 1897, §6047.) 

286. Payments. 67. Purchasers may, at any time before 
due, pay a part or the whole of such purchase-money. (R. S. 
1881, §4359; R. S. 1894, § 5786; R. S. 1897, § 6048.) 

287. Lost certificate. 68. When any such certificate shall 
be lost before a deed be made, on proof thereof by afiidavit of 
the person interested, or other competent testimony, to be filed 
Avith the County Auditor, and after three months' notice of in- 
tention to apply for a new certificate, given in some newspaper 
printed nearest to where the land lies, such Auditor may issue 



2aU SCHOOL LAW OF INDIANA. 

the same to the person entitled thereto. (R. S. 1881, §4360; 
R. S. 1894, § 5787 ; R. S. 1897, § 6049.) 

1. Lost Ceetificate. If a certiticate is lost a new one may be issued to the 
purchaser, even to a grantee of the purchaser. — Hinkle v. Margerum, 50 Ind. 240, 

•2n. 

288. Purchase-money, where paid. 69. The purchase- 
money and interest, and all costs and damages ahove provided 
for, shall be paid to the Treasurer of the proper county, and his 
receipt therefor tiled, by the person paying, with tlie County 
Auditor, who shall issue his quietus tlierefor. (R. S. 1881, § 4361 ; 
R. S. 1894, § 5788 : R. S. 1897, § 6050.) 

289. Duty of Auditor. 70. ^Yhen such payment is in com- 
pletion of any contract of sale, the amount of such receipt shall 
be indorsed by the County Auditor on the certificate of purchase. 
(R. S. 1881, ^'4362: R. s"! 1894, § 5789; R. S. 1897, § 6051.) 

290. Deed. 71. On full payment for such land a deed shall 
be issued by the County Auditor, and entered upon the record- 
book of the Board of County Commissioners. (R. S. 1881, 
§ 4363 ; R. S. 1894, § 5790 ; R. S. 1897, § 6052.) 

1. Entry on Record. The deed, before delivery, must be entered on the 
record-book of the County Commissioners. — Arnold v. Gaft", 58 Ind. 543. 

[1S77, p. 139. Approved and in foroo February 8, 1S77.] 

291. Sale— Legalization. 1. In all cases where school 
lands have been sold and certiticate luis either been issued to the 
purchaser or entered of record in the proper ottice, or otherwise, 
so the purchaser entered into possession and paid part of the 
whole of the pnrchase-money, or could have entered into occu- 
pancy, such sale shall be deemed anil held a sale under the law, 
as much as it wouUl be had a deed been made and delivered and 
the fee had been passed to the inirchaser ; and such lands shall 
be deemed and held as having been sohl, so as to make them 
liable to taxation, witliin the meaning of the law, as fully and 
completely as they would have been had a deed been delivered. 
All appraisements of lands so sold, and all assessments of the 
same for taxes, and all levies and collections of taxes thereon, 
heretofore made, are hereby legalized and declared to be lawful 
and valid, and shall in nowise be subject to question by reason 



SCHOOL LAW OF INDIANA. 281 

of such sale not having been consummated by execution and 
delivery of deed. (R. S. 1881, § 4364 ; R. S. 1894, § 5791 ; R. 8. 
1897, § 6053.) 

[1865, p. 3. Approved and in force March 6, 1865.J 

292. Title, when complete. 72. Such deed shall be ex- 
ecuted and acknowledged, at the cost of the grantee, by the 
County Auditor, as in other cases ; and, thus executed and de- 
livered, shall vest in the grantee, his heirs and assigns, forever, a 
complete title to the land. (R. S. 1881, §4365; R. S. 1894, 
§5792; R. S. 1897, §6054.) 

293. Sale had without vote. 73. The voters of any con- 
gressional township may, in the absence of a vote to sell land, 
and in lieu thereof, petition the Trustee of the township for such 
sale. Such petition, if signed by a majority of all the voters of 
the township, shall be filed with the County Auditor, and the 
same proceeding shall be had as provided in section fifty-four 
[§ 269], upon a vote of the inhabitants of the township for such 
sale. Such petition and certificate shall be recorded in the 
record book of the Trustee of the township and of the County 
Auditor of the investment of funds held for the benefit of com- 
mon schools and congressional townships. (R. S. 1881, § 4366 ; 
R. S. 1894, § 5793; R. S. 1897, § 6055.) 

1. Withdrawing Signature. See section 253. After a petition lias been 
recorded, persons whose names are signed to it can not withdraw their signature 
so as to defeat a sale. > 

294. Compensation on failure of title. 150. When any 
ofiicer authorized to sell school lands shall have sold any lands 
without a title thereto, such ofiicer, or his successor in ofBce 
may convey such other lands of equal value as may be agreed 
upon by such ofiicer and the purchaser, his heirs or assigns ; or, 
failing to make such agreement, the purchase money, with in- 
terest, shall be repaid to the purchaser, his heirs, executors, ad- 
ministrators or assigns ; but no such purchase money shall be 
thus repaid until the proper Prosecuting or District Attor- 
ney shall have investigated the facts of the case and certified to 
the correctness of the claim. (R. S. 1881, § 4367 ; R. S. 1894, 
§5794; R. S. 1897, §6056.) 

1. Sales Legauzed. Sales in unauthorized subdivisions prior to March 3^ 
1855, were legalized. — Acts 1855, p. 144. 



232 SCHOOL LAW OF INDIANA. 

[1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.] 

295. Lands of surplus revenue fund, how sold. 1- Where 
the surplus revenue fund belonging to common schools, in any 
county in this State, or any part of such fund, has by any means 
become invested or changed into real estate, the Board of Com- 
missioners of such county are hereby authorized to dispose 
of the same, by sale, in such manner as may seem best for 
the interest of the common school fund, and to reinvest the 
proceeds of such sale in the manner directed by law for the 
investment of other moneys belonging to the common school 
fund. (R. S. 1881, §4368; R.S. 1894, §5795; R. S. 1897, §6057.) 

[1893, p. 41. Approved and in force February 17, 1893.] 

296. Interest — Judgment. 1. The principal of all moneys, 
whether belonging to the common school fund or to the congres- 
sional township school fund, received into the county treasury 
shall be loaned at 6 per cent, per annum, payable annually in 
advance, and the interest paid out as prescribed by the school 
law of this State, and not otherwise ; and any judgment upon 
any note or mortgage for any part of said fund shall bear 6 per 
cent, interest from the date thereof till the same is paid ; and 
no greater rate of interest than is herein specified shall be 
exacted or received upon any loan heretofore made at the rate 
of 8 per cent, per annum shall, from and after the taking eifect 
of this act, draw 6 per cent, interest per annum, the same as if 
negotiated under the provisions of this act. (R. S. 1894, § 5796 ; 
R.^S. 1897, § 6058.) 

1. Repeal. This act repeals that of IVIarch 2, 1889. Acts 1889, p. 81. 

2. Interest After Maturity. A school fund mortgage draws the same 
interest after maturity that it does before. — Stockwell v. State, 101 Ind. 1. 

[iaS3, p. 75. Approved and in force March 3, 1883.] 

297. Advertisement of funds. 1. AVhenever, in any county 
of the State of Indiana, the school fund, or part of the school 
fund, apportioned to such county to be loaned out, remains un- 
loaned, it shall be the duty of the Auditor of said county to 
advertise, in the months of January, April, July and October, 
for three consecutive weeks, in a weekly newspaper published 
in said county, that such amount of the school fund remains 
unloaned, and that applicants for loans can secure the same by 



SCHOOL LAW OF INDIANA. 233 

applying at his office and fulfilling the requirements of the law 
under which he is authorized to loan out the school fund. (R. 
S. 1894, § 5809 ; R. S. 1897, § 6063.) 

[Acts 186&, p. 3. Approved and in force March 6, 1865.] 

298. Auditor's duty. 75. Such loans shall be made by the 
County Auditor, who shall inform himself of the value of the 
real estate ofifered in the mortgage and be satisfied of the valid- 
ity of the title thereof; and all persons applying for a loan shall 
produce to said Auditor title-papers, showing to his satisfaction, 
a good and sufificient title in fee-simple, without incumbrance, 
[and] not derived from sale for taxes. (R. S. 1881, § 4370 ; R. S. 
1894, § 5797; R. S. 1897, § 6059.) 

1. Prior Mortgage. The existence of an incumbra,nce to the knowledge of 
the Auditor does not invalidate the mortgage as against the borrower. — Deming 
V. State, 23 Ind. 416. 

2. Personal Security. A loan on personal security only, without a mort- 
gage, though a violation of the Auditor's duty, is nevertheless binding upon the 
borrower and the surety. — Scotten v. State, 51 Ind. 52. 

3. Loan to Himself Unlawful. A mortgage executed by a County Auditor 
to secure a loan of a part of the common school fund made to himself is valid or 
invalid at the option of tho^e having the supervisory control of the fund. The 
loan is unlawful as against public policy, and is a breach of the Auditor's official 
bond, but the mortgage may, both to the Auditor and those claiming under him, 
be resorted to and enforced as a means of reimbursing the fund, looking to the 
Auditor and his sureties for any deficiency that may remain after tlie mortgaged 
land has been exhausted. — State v. Levi, 99 Ind. 77. See also Stockwell v. State, 
101 Ind. 1; State v. Greene, 101 Ind. 532, and Ware v. State, 74 Ind. 181. 

4. Suit to Cancel Mortgage. A suit can not be maintained against the 
Auditor to cancel a school fund mortgage. — Crooks v. Kennett, 111 Ind. 347- 
Snodgrass v. Morris, 123 Ind. 425. 

299. Appraisement. 76. The Auditor shall require three 
disinterested freeholders of the neighborhood to appraise any 
land ofi:ered in mortgage. (R. S. 1881, § 4371 ; R. S. 1894, 
§ 5798 ; R. S. 1897, § 6060.) 

300. Duty of appraisers. 77. Such appraisers, being first 
officially sworn, shall examine and appraise such land, and sign 
and give to the applicant a certificate, setting forth the fair cash 
value of the land at the time, without taking into consideration 
perishable improvements. (R. S. 1881, §4372; R. S. 1894, 
§ 5799; R. S. 1897, §6061.) 



234 SCHOOL LAW OF INDIANA. 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

301. Loans outside of county. 78. In making such loans 
preferenbe shall be given to the inhabitants of the county : Pro- 
vided, That whenever any of such funds shall have remained in 
the treasury of any county to which the same may belong for a 
period of three months, without being loaned to any inhabitant 
of said county, then the Auditor of said county may loan the 
same to any freeholder of any other county in Indiana, upon his 
complying with the law regulating such loans. When the land 
received as security for any such loan is situated in any county 
of the State other than the one in which the loan is made, and 
there is default in the payment of interest or principal, the 
Auditor of the county making the loan shall at once transmit 
to the Auditor of the county where the land is situated a certi- 
fied copy of the note and mortgage given for the loan, with a 
statement of such default in payment, and the Auditor of such 
latter county shall, upon such certified copy, at once proceed to 
enforce the collection of such loan either by suit or sale of the 
land, as is now provided by law; and, after receiving such cer- 
tified copy by said Auditor, all steps taken, and all proceedings 
had, with reference to said loan or the land which was mort- 
gaged shall be the same as if the loan had originally been made 
out of the funds belonging to said county ; and all money col- 
lected or realized upon such loan shall at once, as soon as 
collected or realized, be paid over to the Auditor of the county 
having made the loan. (R. S. 1894, § 5800 ; R. S. 1897, § 6062.) 

1. Old Law. Until this section was enacted a loan could not be made out- 
side of the county, although the mortgage given to secure it was valid. — Skelton 
V. Bliss, 7 Ind. 77. 

302. Limit of loan. 79. The amount loaned to any per- 
son shall not exceed two thousand dollars. (R. S. 1881, § 4374 ; 
R. S. 1894, § 5801 ; R. S. 1897, § 6064.) 

1 . Exceeding Limit. Although the amount loaned exceed the amount 
allowed by this section, yet the loan is valid. — Deming v. State, 23 Ind. 416. 

riSSl, p. 99. Approved and in force April 14, 1881.] 

303. Certificate as to liens. 1. An applicant for a loan 
of a part of the common school fund or of the congressional 
township school fund shall file with the Auditor of the county 



SCHOOL LAW or INDIANA. 235 

the certificate of the Clerk and Recorder of the county that there 
is no incumbrance on the land offered as a security for the loan 
in either of said offices : Provided, That where the records, books 
and papers of the Clerk's office have been destroyed by fire, the 
Clerk's certificate shall only state the fact and date of such de- 
struction, and that there is no incumbrance on said land appear- 
ing from any of the records, books and papers then on file in 
his office, and that there is no incumbrance on said land in his 
office of which he has any knowledge. The applicant shall also, 
in such case, execute to the State of Indiana, for the benefit of 
the common school fund, a bond with one or more freehold 
sureties to the approval of the Auditor, conditioned for the pay- 
ment of so much of the loan as may be lost by reason of any 
incumbrance or lien upon the land which was evidenced by the 
records, books or paper in the Clerk's office which have been de- 
stroyed. (R. S. 1881, § 4375 ; R.S. 1894, §5802; R. S. 1897, §6065.) 

1. Evidence. For the purpose of showing that the law was complied with in 
making a loan, the certificate of the Clerk and Recorder and the afiidavit of the 
mortgagor are competent evidence to show a compliance with this statute. — Stock- 
well V. State, 101 Ind. 1. 

2. Prior Lien. At the time the loan was made there was a prior incum- 
brance on the lands mortgaged, of which fact the Auditor had notice by the bor- 
rower's affidavit of title, but it was held that the mortgage was valid as against 
the borrower. — Deming v. State, 23 Ind. 416. 

3. Negligence of Auditor — Irregularity of Loan. A complaint to enjoin 
a sale of land by a County Auditor to satisfy a School Fund mortgage, which 
shows that the plaintiff, after the mortgage was executed, purchased the land 
under the foreclosure of a secret vendor's lien antedating the mortgage, and alleges 
that the plaintiff, at the time the mortgage was executed, held a judgment against 
the mortgagor, but makes no claim of title under that judgment, and alleges fur- 
ther that the Auditor in taking the mortgage failed to require an oath of the mort- 
gagor and a certificate of the Clerk and Recorder that the land was unincumbered, 
and also failed to have the property aj^jpraised, as provided by law, is not sufficient 
to entitle the plaintiff to an injunction or to avoid the mortgage. — Winstandley v. 
Crim, 117 Ind. 328. 

[1865, p. 3. Approved and in force March 6,1865.] 

304. Oath of applicant. 81. Such applicant shall make 
oath that there is no incumbrance or better claim, that he 
knows of, and that the abstract of the title presented by him is, 
as he believes,, a true one. (R. S. 1881, §4376 ; R. S. 1894, §5803 ; 
R.S. 1897, §6066.) 

1. Xo Affidavit. A failure to make the affidavit* does not render the loan 
void. — Winstandley v. Crim, 117 Ind. 328. 



286 SCHOOL LAW OF INDIANA. 

2. Mauried Woman. "Where a married woman, in executing the usual 
preliminary papers, states that she is the owner of the land and is also the 
iborrower, she can not thereafter assert that her husband was borrowing the money 
■and she was only his surety.— State v. Frazier, 134 Ind. 648; Lloyd v. State, 134 
Ind. 506 ; Davee i-. State, 7 Ind. App. 71 ; Snodgrass v. Morris, 123 Ind. 425. But 
if her husband is the borrower, and she makes no declaration in the preliminary 
papers that she is the borrower, her mortgage on her land for the amount 
borrowed is invalid.— Welch v. Fisk, 139 Ind. 637. 

305. Time of Loan. 82. No loan shall be made for a 
longer term than live years. (R. S. 1881, §4377; R. S. 1894, 
§58^04; B. S. 1807, §6067.) 

[ 1885, p. Irti. Approved April 11, 1885, and in force July 18, 1885.] 

306. Limit of loan. 3. The sum loaned shall not exceed 
one-half of the appraised value of the premises proposed to be 
mortgaged, clear of all perishable improvements: .Provided, 
That Avliere such premises are situated in a county other than 
that which such fund may belong, the sum loaned thereon shall 
not exceed one-fourth of the appraised value of such premises, 
exclusive of perishable improvements. Such value to be deter- 
mined by existing laws of the State of Indiana. It is hereby 
made the duty of the Board of Commissioners of each county 
in this State, at their first regular session after the taking effect 
of this act, to appoint in each Commissioner's district of the 
county three reputable freeholders, any two of whom, without 
the concurrence of the third, may act as school fund appraisers, 
whose duty it sliall be upon oath to make all the appraisements 
of lands in their respective districts, required in this act or in 
the act of which this is amendatory. Said appraisers, or any 
of them, may be removed and new ones appointed by said 
Board at any regular or special session, and in case any of such 
appraisers is at any time disqualiiied, by reason of kinship or 
interest, from acting, the appraisement sliall be made by the 
other appraisers, who, in case of a disagreement, sliall select a 
third appraiser. Said appraiser shall receive the same compen- 
sation for making each appraisement, and be paid in the same 
manner as such appraisers are now paid. (R. S. 1894, § 5805 ; 
R. S. 1897, § 6068.) 



SCHOOL LAW OP INDIANA. 237 

[1865, p. 3. Approved and in force March 6, 1865.] 

307. Acknowledgments and oaths. 84. The Auditor 
sliall have the power to administer all oaths and take all ac- 
knowledgments required by this act. (R. S. 1881, § 4379 ; li. S. 
1894, § 5806 ; R. S. 1897, § 6069.) 

308. Record of mortgages — Priority. 85. Mortgages 
taken for such loans shall be considered of record from the 
date thereof, and shall have priority of all mortgages or con- 
veyances not previously recorded, and all other liens not pre- 
viously incurred, in the county where the land lies. (R. 8. 1881, 
§ 4380 ; R. S. 1894, § 5807 ; R. 8. 1897, § 6070.) 

1. Lien Without Record. A school fund mortgage is a lien upon the land 
as to subsequent purchasers without being recorded. — West v. Wright, 98 Ind. 335 ; 
Deming v. State, 23 Ind. 416. 

2. Parties holding or claiming through the mortgagor in a school fund mort- 
gage are bound to take notice of the mortgage, though not recorded. A school 
fund mortgage is not void as to the State because the County Auditor has made 
the loan to himself. Such mortgage draws the same interest after foreclosure as 
before maturity. — Stockwell v. State, 101 Ind. 1 . 

3. Tax Title Subject to Mortgage. The purchaser and grantee of real 
estate, under the tax deed, takes his title to such real estate under the provisions 
of R. S. 1894, ?8623; R. S. 1897, §9158, and subject to all the claims which the 
State may have thereon for taxes, or other liens or incumbrances, such as a mort- 
gage executed thereon to the State, as a security for the payment of a loan to the 
school fund, prior to such tax sale and the execution of such tax deed. This is 
so, although the taxes for which the real estate was sold, had been assessed and 
delinquent before the execution of such school fund mortgage. — State v. Wasson, 
95 Ind. 175. So a sale of lands for taxes which accrued after the execution of a. 
school fund mortgage is subject to the mortgage lien. — Stockwell v. State, 101 
Ind. 1. Where a mortgage to secure a school fund loan is assumed by the pur- 
chasers of the real estate, the mortgagors to whom the loan was made do not, by 
a subsequent purchase of the real estate sold by the Auditor to satisfy the mort- 
gage take the property divested of liens for taxes assessed by the city in which the 
property is situated. — City of Logansport v. McConnell, 121 Ind. 416. 

4. Notice of Mortgage— Purchaser at Tax Sale. Land on which the 
owner has placed a school fund mortgage is as much liable to taxation as any 
other land ; and a person buying it at tax sale within the year for redemption from 
a sale on foreclosure of mortgage can not recover the amount paid for taxes. At 
most the mortgage is only a first lien to city taxes. The purchaser is bound to take 
notice of the school mortgage and decree of foreclosure. He must be held to pur- 
chase with full knowledge of mortgage, the foreclosure, and to have purchased 
subject to the lien. — McWhinney v. City of Logansport, 132 Ind. 9. 

3.09. Auditor's duty. 86. The Auditor shall cause such 
mortgages to be recorded immediately, retaining the cost of 



238 SOlIOOli liAW OK INDIANA. 

rocordini;- out of tlio nionov borrowod. (R. !S. 1881, i^ 4381 ; K. 
8. 18!)4, J5 5808; R. 8. 1807, i^ UOTl.) 

I. AoKNOwi.KrmMKNTs. If tlio mortgage bo recorded, not being acknowl- 
i>(lgod or proved as our general laws require to admit mortgages to record in tbe 
Recorder's olliee, such rectu-d is no notice to subsequent hona fide purebasers. Hut 
tbe ai't 1)1" 1SI;> (now {* .'U)S') requires tliat sucb mortgages sball be deemed recorded 
frouj tbeir date; and tliis is notice. — IVming c. State, '2S Ind. 41(5; Mann v. State, 
IK) Ind. oSa. 

•_'. LuoN Wiriun'T Ukooud. A scbool fund mortgage is a lien upon tbe land 
as to subsequent purchasers, without being recorded. — West c. Wright, i)8 Ind. 335. 

8. CANOEiiiiATioN OK MORTGAGE. An action to cancel a school fund mort- 
gage will not lie against a County Auditor; the State is tlie party in interest. — 
Crooks ('. Konnett, 111 Ind. 347; Snodgrass c. Morris, 123 Ind. 425. 

310. Fees. 108. Tlio following fees only shall bo charged 
ill oasos of iiiortgago for loans: To oaoli appraiser, fifty cents; 
for rooordiiig iiunlgagv, one dollar; tor draAving mortgage, one 
dollar; for making borrower's attidavit, ten cents ; for Clerk's 
eertiiioate, fifty cents; for Recorders certificate and examining 
title, each one dollar; which shall be paid by the borrower. 
(R. 8. 1881, J^ 488-2; R. tS. 1804, ^ 5810; R. S. 1897, § (3072.) 

311. Interest unpaid — Auditor's duty. 87. On failnre to 
pay any installniont of interest when the same becomes dne, the 
principal snm shall forthwith become dne and payable, and the 
Anditor may proceed to collect the same by snit on the note, 
or by sale of the mortgaged premises, lie may also, by snit. 
recover the possessii>n oi' the mortgaged premises before sale 
thereof; and ho shall, on the fourth Monday in March, annually, 
offer for sale all mortgageii land on whicli payments of interest 
are due on the first day of January and unpaid on the day of 
sale. (R. S. 1881, § 4383 ; R. S. 1894, § 5811 ; R. S. 1897, § 6073.) 

llSSTi, \K liV"). Ai>pvovod April 11, 1885. ami in fovoo July IS, 1SS5.] 

312. Collection on default. 4. It shall be the duty of the 
Auditor of each county, in case default shall be or has been 
made in the payment of principal or interest of any school fund 
loan, to at once proceed to enforce the collection of such prin- 
cipal or interest, as the case may be ; and any Auditor who shall 
fail or refuse to comply with the requirements of this section 
shall be deemed guilty of a misdemeanor, and upon conviction 



SCHOOL LAW OF INDIAXA. 239 

shall be fined in any sum not exceeding one thousand dollars. 
(R. S. 1894,' § 5812; E. S. 1897, § 6074.) 

1. Statute Mandatory. In selling lands, the Auditor must strictly fol- 
low the requirements of the statutes upon the subject. Where sale is made to 
make a greater sum than is due, the sale is void ; and where the borrower has 
made a payment of interest, and failed to file the Treasurer's receipt with the 
Auditor, it will not excuse the Auditor for selling to make a sum greater than is 
really due. — Key v. Ostrander, 29 Ind. 1 ; Arnold v. Gaff, 58 Ind. 543. The law in 
force at the time of sale, providing the method, notice and other elements of 
remedy, governs the sale. — Webb v. Moore, 25 Ind. 4 ; Jones v. Hopkins, 26 Ind. 
450; Moore f. Seaton, 31 Ind. 11. 

2. Tax and Other State Liens. The purchaser at a tax sale takes the land 
subject to a school mortgage or any other lien held by the State. This is so, although 
the taxes for which the real estate was sold, had been assessed and delinquent be- 
fore the execution of such school fund mortgage. — State v. Wasson, 95 Ind. 175. 
So a sale of lands for taxes which accrued after the execution of a school fund 
mortgage is subject to the mortgage lien. — Stockwell v. State, 101 Ind. 1. Where 
a mortgage to secure a school fund loan is assumed by the purchasers of the real 
estate the mortgagors to whom the loan was made do not, by a subsequent pur- 
chase of the real estate sold by the Auditor to satisfy the mortgage take the prop- 
erty divested of liens for taxes assessed by the city in which the property is situ- 
ated. — City of Logansport v. McConnell, 121 Ind. 416. 

3. Can Not Eelease Without Payment. The Auditor of a county has no 
authority to release a school mortgage unless the money is paid, and where a 
party is entitled by his contract to an unincumbered title, he is not compelled to 
accept a conveyance of land thus encumbered, though the Auditor has released 
the mortgage of record. — Conley v. Dibber, 91 Ind. 413. 

4. When Auditor May^ Proceed. The Auditor may proceed, immedi- 
ately upon default in the payment of the principal or interest, to collect the en- 
tire mortgage due, and he has no discretion in offering for sale, on the fourth 
Monday in March, all such lands in default on the first day of .January. 

5. Foreclosure. A suit by the County Auditor to foreclose a mortgage 
mav be maintained instead of resorting to statutory proceedings. — Deming v. 
State, 23 Ind. 416; Ferris v. Cravens, 65 Ind. 262; Stockwell v. State, 101 Ind. 1; 
Kendall v. Green, 101 Ind. 532. 

313. Fund to be specified. 88. The mortgage may be, in 
substance, as follows: and the Auditor shall specify therein 
whether the same belongs to the common school fund or to the 
congressional township fund, and, if the latter, the particular 
township or townships whose funds are thus loaned. (R. S. 
1881, §4384; R. S. 1894, §5813; R. S. 1897, §6075.) 

1. Omissions to Specify. The omission to state the particular fund does not 
render the mortgage void. — Benefiel v. Aughe, 93 Ind. 401, 407 ; Ellis v. State, 2 
Ind. 262. 



240 SCU00.1. I. AW 01' INIUANA. 

314. Foi*m of mortgage. S9. K A. U., of the oouuty 

ot' , ill iho State o(' Indiana, do mort^-a^'o to tho State 

ot" Ituliana. tor the nso ot' [ horo iloscribo tlio I'niul '>ut ot" whirli 
the losin wa^ niailo] all [hero dos^oribo tho land], tor tho pay- 

inont of doUai't^, with interest at the rate ot' oiu-ht per eent. 

}HM' annnni, payable annually in advanoe, aeeordiuii" to the 
oonditions ot" tiie note hereto annexed. (^R. S. 1881, §4i>85; 
K. S. 1v^5i-h ^ : U. S. 181^7, ^OOTti.) 

1. OoNi^TRloriON. For oasos on s<,1uh>1 nuntgagvs. soo Burk r. Axt, So Tml. 
512; Nolan r. Stuto. 115 Ind. 520. 

2. PvsjsoKirnoN. A ilosoription of l;uul in a sohool tund movtgago as "tlxe 
noi'thoast pai't" of a spooitioit traot, "containing ninoty aoivt^," is insuttioiont, 
«ud an Avulitor's sale made tlunvundor is invalid. — Bnrk r. Axt, 85 Ind. 512. 
If tho mortjyagt^ doos not contain a pn^por description of the land, such description 
may be iH^nwtcd oi> a dccive to foi-eclose the mortgage. — Noland c. State, 115 
Ind. 520. 

5i« l^RKSl'MrnoN. A deed or mortgage made in tlie form prescribed by the 
law of this State, and purporting to l\ave beeix ackuowledgvd in this State between 
parties ivsiding in tlve State, and coi\tainiug i\othing to indicate a contrary intct\- 
tion, will be pivsnnxed by the courts to be of laud in this State. >Vhere both the 
t\>unty and State aiv otnitted fivn» the description of land embraced in a mortgagv, 
but it appears on the face of tho mortgagv that it wtij? executed by parties residing 
iu a certain county for the pnrpv>se of secniriug a loan of school funds borrowed by 
the mortgagi>r, thituigh the Auditor of that county, it will be pi-esumed, without 
motv, that the land is theit>situate<l. — Mann »•. State, llt> Ind. 88;^. Qtmr: Would 
this rule of pivsuntptiou pivvail now, sineo Auditors may lend outside of their 
ovmnties? 

4. CAKOEIJumi ^loRWSAGK. lu an action to set aside and cancel a school 
fund mortgagv, the County Auditor is not a proper defeivdant, and a judgment 
against suclx otttivr in such actions will not bind the State, it not being a party, 
and it is very doubtful if the State can even be thus sued. — Civoks r. Kenneti, 111 
Ind. S47; see Suodgniss r. Morris, 123 lud. 425. 

5. WtKK, A wife may borrow money and mortgagtj her own land to discharge 
Talid liens ther«H:m, or for a pnrpi.vse that enures to its benetit or prt^tection. — 
Noland r. State, 115 Ind. 520. 

t>. Loan w Makriki~> Womks— Esiwtki-. If a marrieii woman, to obtain a 
lo»n, complies with all the stniutory n\iuirements in ivlation thereto and executes 
a mortgage upon her separate rt.Nil estate, she is estoppe^l fivm (.piestioniug the 
validity of the mortgage; and the fact that the Auditor may have had knowledge 
that he was obtaining the loan as seotirity for another. eai\ not atl'eet the validity 
of the mortgage when he acteil within the letter of the statute, and the mortgagv 
has Khmi voluntarily executed. — Davee r. Buarvl, 7 Ind. App. 71. The Auditor 
must pay her the money, and if he pay another he will be jvrsonally liable; but 
in such au instance the «Jort,gage will W valid. — I-loyd r. State. 1S4 Ind. 5(H^. 
But if she gives a inort^:age for a loan uade tv» her husbixnd or any other person, 
the morta:;ij>e is invalid. — State r. Fraiier, 134 Ind. tUS. 



SCHOOL LAW OF INDIANA. 241 

316. Form of note. 90. The note accompanying the same 
may he in suhstance as follows, to wit : I, A. B., promise to pay 
to the State of Indiana, for the use of [here recite the particular 
fund], on or before , the sum of dollars, with in- 
terest thereon at the rate of eight per cent, per annum in ad- 
vance, commencing on the day of , 18 — ; and do 

agree that, in case of failure to pay any installment of interest 
when the same shall become due, the principal sum shall become 
due and payable, together with all arrears of interest; and on 
failure to pay such principal or interest when due, two per cent. 
damages shall be collected, with costs, and the premises mort- 
gaged may be sold by the County Auditor for the payment of 
such principal sum, interest, damages and costs. (R. S. 1881, 
§ 4386 ; R. S. 1894, § 5815 ; R. S. 1897, § 6077.) 

1. Note Xot Signed. A mortgage executed to secure a note attached to it 
is binding, though the note is not signed; and there is no error in allowing the 
note to be read in evidence, it being a part of the mortgage. — McFadden v. State, 
82 Ind. 558. 

316. Warrant to borrower. 91. On making a loan of any 
fund, the Auditor shall draw his warrant in favor of the bor- 
rower upon the County Treasurer, who shall charge it to the 
proper fund. (R. S. 1881, $ 4387 ; R. S. 1894, § 5816 ; R. S. 1897, 
§ 6078.) 

317. Payments — duietus. 92. All loans refunded and all 
interest shall he paid to the County Treasurer, and his receipt 
shall be filed with the County Auditor, who shall give the payer 
a quietus therefor, and make proper entries. (R. S. 1881, § 4388 ; 
R. S. 1894, § 5817 ; R. S. 1897, § 6079.) 

1. XoTE. The Auditor is bound to take notice of a payment to the Treasurer, 
whether or not receipt has been filed with him. — Key v. Ostrander, 29 Ind. 1. 

2. Payment to Tbeasuker and Not to Auditor. Payment should be made 
to the County Treasurer and not to the County Auditor. — Cole v. Miller, 60 Ind. 
403. 

318. Indorsements and satisfaction. 93. Whenever the 
amount due on any mortgage shall he paid, and the Treasurer's 
receipt therefor filed, the Auditor shall indorse on the note and 
mortgage that the same has been fully satisfied, and surrender 
the same to the person entitled thereto; and, on production of 
the same thus indorsed, the Recorder shall enter satisfaction 

16— ScH. Law. 



24'2 Sl'llOOl, LAW OF INDIANA. 

uiM.n llu^ riH'ord. (K. S. 1 SS 1, i^ I.'IS!) ; K. S. ISD I, ^ 5S1S ; K. S. 

is:t7, ^ (loso.) 

1, I'Ini'uv ok Satisi AciinN. IMio County UoiH)rtUM' riir. ontor satisl'aotiou ot 
a school I'liml iuort);!;ago bol'orc l'or<Hlosm(> only upon imlorsoinont by tlio Oounty 
Auditor that tlu^samo lias ln«on fully paid. StookwoU r. Stato, 101 Ind. 1. 

2. Kii:i.K.\sK Wri'iioii'i" rwMKNi". A ivh-tiso of a Mioili;ai>o by the County 
.\uditor without payuu'ut is invnliil. CouK-y r. l>iblH'r, *.»1 hul. ll,'!: sooSlaughtor 
(-. Stato, i;?"J liul. Itif*. 

;>, iMruoi'lcuiA' Sa'IMSI'MKo. If a luortgaiijo bo impropiM-ly satistiod it may 
.•^till bo oufori"»>il. Stato c. (hoouo, KM Ind. itlVi, but a puivhasor in j!,ood failh 
will bo piotoclod; Slaughtor r. Stato. lo'J Ind. -tt^o. 

319. Suit for deticieiicy. 1^ t- In all I'ascs whoiv tho mort- 
i»'ai»'tHl [U'tMitisss shall tail to soil tof a sum siitHoiont to satist'v 
tlio priiu'i[n»l and hitoivst of tiio U>aii iiuulo, ami tho daniauvs 
aiHM'iUHl hv vi^ason of siu-h lailiuv, ami oosts. tho (\>untv Auditor 
shall hfiuu' suit on tho uotos o\ooutoil hv tho mortii"au"o»' : and 
whoiiovor Jiulu'iuont shall ho ivtidofod thoiVi>ti, uo appraisonioiit 
ot" pfopofty shall ho allowiHl ou oxooutioii issuod on snoli Jndii'- 
inoiit. ^K. S. ISSL ^ l;?;H); K. S. ISiU, ^:>8lJ); K. S. 1897, 
^(iOSI.^) 

1. TuK Km.AiVR. Tho County .\uditor is the propor ivlator in a suit to it>- 
oovor sohool funds loaiiod.— Soottou v. Stato, ol Ind. i>'J; l.opp r. Woodwaixl. 1 
Ind. Vpp, lOo. 

',', WuKN Si'ir b\n{ Okvumknov M \y uk lUu>i\;in\ A County An»iitor who 
bids in, at publio auotiou. land u»ortg«^i«od to tho sohool t'nnil, oan not piooood on 
tho uv^to <>xooutod by tho juortjtajyin- until ho has niado tho suWoquont salo iv- 
H«i»vd by sootiou S22, and fails to iV!ili/.o onmisib to satisfy tho amount duo. 
--Clark tl State, 10l> Ind. 8SS. 

S, J\nH>MKNT, Tho p»>> port y may bo ordoivil sold, in tho judgment, witliout 
appraisouuMU. StookwoU r. Stato, 101 lud. 1. 

820. Notice of sales. J^*'^. Boforo tsalo of iwortg-agod proin- 
\5*os, (ho .\uditoi' shall advortlj^o tho s^amo in vsonio nowt^papor 
printod in tho oonntv whoiv tho land lios, if auv thoiv bo t^othof- 
wise, in a papoi- in tlu> Stato i\oaro*t theivto), for tluvo wooks 
s^uoooj^MyoIy, and, idso, by notioo sot np at tho oourt honso door 
anvl at throo pnblio plaooj^ in tho township whoiv tlio land lios. 
t^R. S. ISSI, ^-tnjM : K. S. IS5»1, ^ oSilO : K. S. ISj^T, ^t^082.) 

K Uk>,uth av NoTU^K, The Le^islatuiv way ehanj^> the rtn^uisite Un\srth of 
notio<& ^veu after the mortjijag^ has Ihh>u given,— Jontvs v. Hopkins, -t> lud. 4o(\ 

2, No CXvMrKXStvnoN. The Auditor is not entitUnl to «.\>uviH>usatiou for post- 
ing notices of sale. -The lVai\\ r. Leslie, tv'» tud. 4i>2. 



SCHOOL LAW OF INDIANA. 248 

3. Sale Without Noticr. A sale without notice is not such new matter as 
will entitle the mortgagor to a new filing of the amount owed by him. — Peyton v. 
Kruger, 77 Ind. 486. A failure to give notice will render the sale void. — Brown 
V. Ogg, 85 Ind. 234. 

321. Manner of Sale — Surplus. 96. At such sale (which 
shall be held at the court house door), the Auditor shall sell so 
much of the mortgaged premises, to the highest bidder, for cash, 
as will pay the amount due for principal, interest, damages and 
costs. When less than the whole tract mortgaged shall be sold, 
the quantity sold shall be taken in a square form, as nearly as 
possible, oif the northwesterly corner of said tract ; and when 
less than the whole of any in-lot or out-lot of any town or city 
shall be sold, the part sold shall be laid out and taken off, so 
that it shall extend from the main or principal street or alley 
on which the said lot fronts, to the rear thereof, to divide the 
same by a line as nearly parallel with the boundaries of said lot 
as practicable, and if less than the whole is sold, the Auditor, 
in his notice of sale, shall indicate off of which side or end of 
said lot the part to be sold shall be taken ; and if more than 
one tract of land is included in the mortgaged premises, the 
Auditor shall elect which tract or tracts shall be sold, saving to 
the mortgagor, if practicable, the tract on which his house is 
located. If a tract of land so mortgaged, and liable to be sold 
to satisfy the mortgage, can not be divided without materially 
diminishing the value of such tract; or if any in-lot or out-lot 
be indivisible, by reason of extensive buildings or other im- 
provements thereon, the Auditor may sell the whole thereof, 
and, after paying the amount due for principal, interest, dam- 
ages and costs, out of the purchase-money, shall pay the bal- 
ance, if any, to the mortgagor; and if the Auditor sell any 
part of a tract of land, out-lot, or in-lot for more than the 
amount of principal, interest, damages and costs, the excess, if 
any, shall be paid to the mortgagor. (li. S. 1881, § 4392 ; R. S. 
1894, §5821; R. S. 1897, §6083.) 

1. Division Immaterial. The Auditor can sell in no other way than that 
provided by law. — Webb v. Moore, 25 Ind. 4. But in a suit to set aside a sale 
made by the Auditor, where the mortgage debt, penalty and costs aggregate one 
hundred and fifty-two dollars and twenty cents, tliough the land was worth four 
thousand dollars, and could have been divided without materially diminishing its 
value, it was held to be immaterial that he did not, at the sale, offer any part in 
the form of a square, or otherwise, off of the northwest corner thereof. — Arnold 
V. Gaff, 58 Ind. 543. 



244 SCHOOL LAW OF INDIANA. 

2. Statute Must Be Pursued. The County Auditor, in making a sale of 
land in satisfaction of a School Fund Mortgage, has no power to sell in any other 
mode than that prescribed by the statute, and the burden is upon one claiming 
title under such a sale to show that the statutory requirements have been strictly 
pursued. — Haynes v. Cox, 118 Ind. 184. 

3. Portion Sold. Where the Auditor, in selling less than the whole tract 
mortgaged, does not take the quantity out of the northwesterly corner of the tract, 
as required by the statute, but, on the contrary, takes it from another and entirely 
distinct portion thereof, he exceeds his power and the sale is invalid. — Haynes v. 
Cox, 118 Ind. 184. 

4. Statute Must Be Strictly Pursued- In a sale of real estate the statute 
must be strictly pursued or the sale will be void. — Williamson v. Doe, 7 Blackf. 
12; Benefield v. Aughe, 93 Ind. 401 ; Ferris v. Cravens, 65 Ind. 262. 

5. Sale for More than Due. A sale for a sum greater than is due at the 
time of the sale is void. — Betson v. State, 47 Ind. 54; Key v. Ostrander, 29 Ind. 1 ; 
Vail V. McKernan, 21 Ind. 421; Board of Com. v. State, 122 Ind. 333; Brown v. 
Ogg, 85 Ind. 234. 

6. Redemption. The purchaser takes an absolute title, and junior incum- 
brancers have no right to redeem from the sale. — Schnantz v. Schellhaus, 37 Ind. 85. 

7. Sale in Parcels. The County Auditor need not offer the mortgaged 
premises in parcels, where they are described in the mortgage as a single tract. — 
Shannon v. Hay, 106 Ind. 589. 

8. Appraisement. Upon the foreclosure of a School Fund mortgage, the 
court may order the land sold without appraisement. — Stockwell v. State, 101 
Ind. 1. 

9. Quieting Title. One whose land has been sold to satisfy a School Fund 
mortgage executed by him can not maintain an action to quiet title against the 
purchaser, although the sale was void, without first paying or tendering to the 
latter the amount paid by him. — Shannon v. Hay, 106 Ind. 589. 

10. Rate of Interest. A School Fund mortgage draws the same interest 
after as before maturity. — Stockwell v. State, 101 Ind. 1. By act of 1893 the rate 
is 6 per cent. 

11. When Auditor Must Bid. It is the duty of the Auditor to offer the 
mortgaged premises in the manner provided by the statute ; and if, after offering 
it for sale in that manner, no one bids the amount due, he must bid the property 
in for the use of the fund secured by the mortgage. — Haynes v. Cox, 118 Ind. 184. 

12. Subrogation. The purchaser of land sold by an Auditor under a School 
Fund mortgage, the sale having been set aside as invalid, may be subrogated to 
the rights of the State in the mortgage; and the fact that there was a mistaken 
description, if the mistake can be corrected, does not affect the right of subroga- 
tion on the part of the purchaser. — Willson v. Brown, 82 Ind. 471. 

13. CoNA^EYANCE — DESCRIPTION Made Good BY REFERENCE. A defective 
description in a deed or mortgage is made good by a reference to another deed 
which contains a true description. — Willson v. Brown, 82 Ind. 471. 

14. Merger of Mortgage. Wnien the mortgage has been foreclosed, the 
mortgage is merged in the foreclosure, and the Auditor can not sell under it. — 
Ferris v. Cravens, 65 Ind. 262. 



SCHOOL LAW OF INDIANA. 245 

322. Auditor's bid. 97. In case of no bid for the amount 
due, the Auditor shall bid in the same on account of the fund, 
and, as soon thereafter as may be, shall sell the same — having 
first caused it to be appraised by three disinterested freeholders 
of the neighborhood — upon the following terms, viz. : One-third 
cash in hand, and the balance in four equal installments, due in 
one, two, three and four years, respectively, from the day of sale, 
bearing interest at six per cent, per annum, payable annually 
in advance ; but no such sale shall be for a less sum than the 
appraised value thereof. (R. S. 1881, § 4393 ; R. S. 1894, § 5822 ; 
R. S. 1897, § 6084.) 

1. Statute Mandatory. The Auditor has no power to sell for cash, nor on 
a credit of less than five years, nor without first having the land appraised, nor 
for a less sum than the appraised value. — Ferris v. Cravens, 65 Ind. 262. 

2. Duty of Auditor. It is the duty of the Auditor to offer the mortgaged 
premises in the manner prescribed by the statute ; and, if, after offering it for sale 
in that manner, no one bids the amount due, he must bid the property in for the 
use of the fund secured by the mortgage. — Haynes v. Cox, 118 Ind. 184. 

3. Reimbursing County. Vv''here the mortgagor fails to pay the interest for 
a number of years, and during those years the county pays it out of its general 
fund, and afterwards the mortgage is foreclosed, and the land is bid in by the 
Auditor on account of the school fund, and subsequently the land is sold and 
conveyed to a third party, the school fund is only entitled to the principal of 
«aid loan and the interest thereon, until after the county treasury is reimbursed 
because of the interest it has paid to said fund on account of said loan. — Board 
^. State, 122 Ind. 333. 

4. Surplus. This section is construed with section 4394. Whenever the land 
is sold, the county takes out the amount of principal of the mortgage for which it 
was bought in. the amount of interest, damages and costs, and the surplus goes to 
the original mortgagor or his grantee. — Board v. State, 122 Ind. 333. 

5. Section 271. Section 271 has no reference to a sale under this section. — 
:Board v. State, 122 Ind. 333. 

[1865, p. 3. Approved and in force March 6, 1865.] 

323. Sale of lands bid in. 98. Lands heretofore bought 
in on account of the fund, which have been appraised, shall be 
sold in like manner ; and if, upon sale of any such land, a sum 
is realized which is more than sufficient to pay the principal, 
interest, damages and costs, the overplus shall be paid to the 
original mortgagor, his heirs or assigns, when collected. (R. S. 
1881, § 4394 Tr^ S. 1894, § 5823; R^S. 1897, § 6085.) 

1. Suit on Note. A suit can not be brought on the note by the County 
Auditor, where he has bid in the property mortgaged to secure such note, until 




246 SCHOOL LAW OF INDIANA. 

he has made the subsequent sale required by this section, and failed to realize 
enough to satisfy the amount due. — Clark v. State, 109 Ind. 388. 

2. Taxes. The lien of taxes which accrued on lands mortgaged to the school 
fund subsequent to the mortgage is merged in the fee, where the land is bid in by 
the county, and taxes can not accrue on the land subsequently, until a purchase 
certificate is issued on a sale thereof. — See Hamilton v. State, 1 Ind. 128; Groom 
V. State, 24 Ind. 255; City of Logansport v. McConnell, 121 Ind. 416. 

[1883, p. 79. Approved and in force March 3, 1883.] 

324. Re-appraisement of forfeited lands. 1. All lands 
wliicli have become forfeited and have reverted, or may here- 
after be forfeited and revert to the various townships in the 
several counties of this State, for failure to pay the interest or 
principal of the amount due thereon to the school fund, and 
which have remained, or hereafter remain, unsold for the period 
of three years, by reason of the amount due thereon being in 
excess of the values of said lands, may be re-appraised and sold 
for a sum not less than said re-appraised value thereof; such 
re-appraisement and sale to be made in the same manner and 
upon the same terms and conditions as is now prescribed by law 
for the appraisement and sale of such lands. (R. S. 1894, § 5776 ; 
R. 8. 1897, i^ 6088.) 

325. Appropriation by Commissioners. 2. Upon the sale 
of such lands, as provided for in the preceding section of this 
act, the Board of County Commissioners of the several counties 
in which said lands are situated may make an appropriation, 
from the general county funds, a sum equal to the difference 
between the amount for which said lands shall have been for- 
feited and the amount for which such lands shall have last 
sold ; said sum appropriated to be placed to the credit of the 
proper fund, and loaned as other school funds are loaned. (R. 
S. 1894, ^ 5777 : R. S. 1897, § 6039.) 

[ISt'xi, p. 3. Approved and in force March 6, 1865.] 

326. Deed by Auditor. 99. Upon full payment being 
made for such lands, the deed therefor shall be executed by the 
County Auditor, and shall be entered in the record of the Board 
of County Conmiissioners before delivery. (R. S. 1881, § 4395; 
R. S. 1894, § 58-24 ; R. S. 1897, ^ 6087.) 

1. Keoorb of Dekd. a recording oi the deed in the Commissioners' record 
is a condition precedent to its delivery, and a necessary step in the sale. — Arnold 
r. Onfl", 58 Ind. 543. 



SCHOOL LAW OF INDIANA. 247 

2. The Deed as Evidence. It is the deed alone that vests the title in the 
purchaser, and if the deed does not state that the proper steps have been taken to 
perfect a sale, it is no evidence that those steps have been taken. Williamson v. 
Doe, 7. Blackf. 12. 

3. Tender of Deed. A suit for the purchase money can not be made with- 
out tender of a deed for the property, recorded as required above, not absolute 
but conditional upon payment therefor.— Johnson v. State, 74 Ind. 588. 

4. Payment. The amount bid is paid to the Treasurer, and not to the 
Auditor.— Cole v. Miller, 60 Ind. 463. 

5. Taxes. The title of the purchaser vests in the purchaser freed from all 
assessment and taxes made or levied between the date of the mortgage and the 
date of the deed.— Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 255. 

6. SuBROCiATiON. If the sale prove invalid, and is set aside, the purchaser 
may be subrogated to the rights of the State in the mortgage. — Willson v. Brown, 
82 ind. 471. 

327. Statement of sales. 100. At the public sale at the 
court house door provided for in this act, the County Treasurer 
shall also attend, and make a statement of such sales, which 
shall be signed by the Auditor and Treasurer, and after being 
recorded in the Auditor's office shall be filed in the Treasurer's 
office ; and such record, or a copy thereof, authenticated by the 
Auditor's or Treasurer's certificate, shall be received as evidence 
of the matters contained therein. (R. S. 1881, §4396; R. S. 
1894, §5825; R. S. 1897, §6088.) 

1. Statement Signed. This statement must be signed by both Auditor and 
Treasurer, or the sale will be void. — Arnold v. Gaff, 58 Ind. 543; Benefiel i;. 
Aughe, 93 Ind. 401. 

328. Title in State without deed. 101. When any land 
is laid [bid] off by the Auditor at such sale, no deed need be 
made therefor to the State ; but the statement of such sale, and 
the record thereof, shall vest the title in the State, for the use 
of the proper fund. (R. S. 1881, § 4397 ; R. S. 1894, § 5826 ; R. S. 
1897, §6089.) 

329. Annual report. 103. , County Auditors and County 
Treasurers shall annually report, in writing, to the Boards 
of County Commissioners of the respective counties, at the June 
sessions of said Boards relative to the school fund held in trust 
by said counties, distinguishing in said reports, between the 
congressional township and common school funds ; indicating 
the amounts thereof; the additions to them within the current 
year then ending; the sources from whence such additions are 



248 SCHOOL law of Indiana. 

(iorivod ; the condition of thoni as to their safety, giving tlie 
anionnt thereof safely invested, unsafely invested and unin- 
vested, and loss, at the date of said reports; giving also the 
anionnt oi' interest eolleeted upon said fnnds witliin the year 
then ending, and the anionnt thon due and unpaid. (Tv. 8. 1881, 
§4898; II. fcr!. 1894, § 58-27; K. S. 1897, §(>090.^ 

1. KVVDE-NOE. A provision in a statuto that tliis roport shall bo oonolusive 
ovidonoo of tho facts statod in it, is void. — Board v. State, 1'2(^ Ind. 28'2. 

330. Duty of Boards. 104. The Boards of County Oom- 
luissioners shall, annually, at their June sessions, in the presence 
oi' the .\nditors and Treasurers, examine said reports, the ac- 
counts, and [u-oceedings of said otHcers in relation to said funds, 
and the revenue derived from them. They shall compare "with 
said reports, the cash, the notes, uiortgages, records, and hooks 
oi" said otHcers, with a view to ascertain the amount of said 
funds and their safety; and to do whatever uiay he necessary to 
secure their preservation and tlte prompt payment of the an- 
mml interest thereon as the same hccomes due ; and make up 
to said fumls losses which have accrued, or may accrue. (^1\. S. 
1881, §4899 ; U. S. 1894, § 58'J8; K. $. 1897. ^ (>091.^ 

I. 8iir. An action may lie l>rouglu in the naiuo of tho Stato on u^lation of 
tho Bo«rd of Oonntv Coniinissionoi">s to ivoovor Oongivssional Soliool Funds. — 
Groves r. Staio, i> Ind. "JOO; Butlor Kogoi-s v. Ciil>son. lo Ind. ill8. 

331. Board's report. 105. Kach Board of County Com- 
missioners, at said session, shall uiake our a report, in writing, 
of the result oi' such examination, showing — 

First. The amounts of said funds at the close of last year. 

Second. The amount added from the sale of land within the 
year. 

ThiriL The numher of acres oi' unsold congressional town- 
ship school lands, ai\d the approximate value thereof. 

Fourth. The amount added from tines and forteitures. 

Fifth. The timount added by the Commissioners of the Sink- 
ing Fund. 

Sixth. The amount added from all other sources. 

Serenth. Tho total amount of the funds. 

Eiijhth. The amount refunded within the year. 

Xinth. The amount reloaned within the vear. 



SCHOOL LAW OF INDIANA 249 

Tenth. The amount safely invested. 

Eleventh. The amount unsafely invested- 

Twelfth. The amount uninvested. 

Thirteenth. The amount of fund lost since 1842. 

Fourteenth. The amount of interest collected within the year. 

Fifteenth. The amount of interest delinquent. 

And in such report, said Board shall distinguish between the 
Congressional ToAvnship Fund and the Common School Fund ; 
and in its account of the interest or revenue derived from said 
fund?, it shall observe the same distinction. (R. S. 1881, § 4400 ; 
R. S. 1894, § 5829 ; R. S. 1897, § 6092.) 

332. Disposition of report. 106. Such rejport shall be 
entered on the records of said Board; and copies thereof, 
signed by the members of the Board, the Auditor, and Treas- 
urer, shall be transmitted to the Auditor of State and the Su- 
perintendent of Public Instruction. (R. S. 1881, §4401; R. S. 
1894, § 5830 ; R. S. 1897, § 6093.) 

333. Apportiomnent of loans. 152. Where the whole of 
the school funds of a county have been loaned the Auditor shall 
apportion to each congressional township a sufficient number of 
mortgages to cover the principal of its Congressional Township 
Fund; and where a part of the school funds only are loaned the 
Auditor shall so apply a proportional amount ; and the cash on 
hand, when loaned, shall be for the benetit of the congressional 
townships, respectively, to the amount of the entire principal of 
its (Congressional Township Fund; and in all loans made after 
the taking effect of this act the note and mortgage shall specify 
the particular fund borrowed. (R. S. 1881, §4402; R. S. 1894, 
§5831; R. S. 1897, §6094.) 

[1879 S., p. 102. Approved and in force March 29, 1879.] 

334. Miscellaneous School Fund account. 1. It shall 
be the duty of the Auditor in each county to open an account 
with tlie Congressional Township School Fund, to be styled the 
"Miscellaneous School Fund Account." He shall transfer to 
said account, from each township account, all sums on hand at 
any time when a loan is solicited (provided the aggregate sums 
will equal the amount sought to be borrowed), and may lend 



250 SCHOOL LAW OF INDIANA. 

siu'li oombinod sums in one loan ; which h)an shall bo numbered 
in eonseeutive oriUM', and the securities sliall each and all be 
intlorsetl with the number as "Miscellaneous Loan No. — ,"' as 
the number maybe; and he shall enter in the Miscellaneous 
Account, on the debit side, separately, the sums taken from the 
account of the several townships, so as to show the eorrespond- 
ing number of the loan, and credit the several township accounts 
with the same sum and the like number of loan. Thence on, as 
interest accrues and is paid in on such loan, he shall debit the 
several township accounts with the pro i^ifa portion of such in- 
terest accruing to each ; and when such loan is paid he shall 
distribute back to the township accounts the several sums orig- 
inally transferred from each, and debit the Miscellaneous Ac- 
count accordingly, and balance and close said acconnt as to said 
loan. In all the entries throughout he shall keep each entry 
identiticd by the proper number belonging to that loan, and so 
of each combined miscellaneous loan, as contemplated in this 
act. (U. S. 1881, § 4403 ; K. S. 1894, § 5882 ; H. S. 1897, § G095.) 

335. Distribution and report. 2. In all cases where dis- 
tribution is made of the school funds under the law now in force 
it shall include all money on hand, or which, according to law, 
should be on hand, not exceeiling the interest on loans for one 
year, which shall be distributed in full, and no portion shall be 
omitted or retained : and the report nuule by the Auditor shall 
show fully the amount actually on hand, as required and con- 
templated by law, and show the distribntion of the same in full. 
(K. 8. 1881, '§4404; R. S. 1897, § 583.3; R. S. 1897, §6096.) 

336. Penalty Against Auditor. 3. If any Auditor fail 
or refuse ti^ distribute and report such fund in full, as required 
by this act, he shall be liable to an action on his othcial bond. 
The Superintendent of Public Instruction shall direct that ac- 
tion be brought upon the otHcial bond of such defaulting Audi- 
tor, and the Prosecuting Attorney of the proper county shall 
bring such action. On tinding against such Auditor, judgment 
shall be entered for the sum so omitted by him to be distributed, 
with damages of twenty per centum thereon, whicii shall be 
for the use and benetit of the fund so omitted to be distributed. 
(R. S. 1881, §4405; R. S. 1894, §5834- R. S. 1897, §6097.) 



SCHOOL LAW OF INDIANA 



251 



CHAPTER XIX. 



STATE NORMAL SCHOOL. 



Sec 




Sec 




337. 


Established. 


346. 


Conditions of admission. 


338. 


Trustees — Corporate name. 


347. 


Tuition fee. 


339. 


Term of office — Vacancies. 


348. 


Principle of management. 


340. 


Organization — Officers. 


349. 


Reports. 


341. 


Donations. 


350. 


Board of Visitors. 


342 


Location. 


351. 


Certificates — Diplomas. 


343. 


Contract for building. 


352. 


Pay of Trustees. 


344. 


Model School. 


3-3. 


Pay of Treasurer and Agent 


345. 


Duty of Trustees. 








[1865 S., p. 140. Approved an 


1 in force December 20, 1865.] 



337. Established. 1. There shall be established and main- 
tained, as hereinafter provided, a State JSTormal School, the 
object of which shall be the preparation of teachers for teach- 
ing in the common schools of Indiana. (R. S. 1881, §4542; 
R.^'S. 1894, §6034; R. S. 1897, §6316. 



338. Trustees — Corporate name. 2. In order to the es- 
taVjlishment and maintenance of such a school, the Governor 
shall appoint, subject to the approval of the Senate, four com- 
petent persons, who shall, in themselves and in their successors, 
constitute a perpetual body corporate, with power to sue and 
be sued, and to hold in trust all funds and property which may 
be provided for said Normal School, and who shall be known 
and designated as the "Board of Trustees of the Indiana State 
Normal School." The Superintendent of Public Instruction 
shall be, ex officio, a member of this Board. (R. S. 1881, § 4543 ; 
R. S. 1894, §6035; R. S. 1897, §6317.) 

339. Term of office — Vacancies. 3. Two members of this 
Board shall retire, as may be determined, by lot or otherwise, in 
two years after their appointment, and the remaining two in 
four years; whereupon the Governor, subject to the approval 
ot the Senate, shall appoint, as aforesaid, their successors for a 
period of four years. All vacancies occurring in said Board 
from death, or resignation, shall be filled by appointments made 



252 SCHOOL LAW OF INDIANA. 

by the Governor. (R. 8. 1881, §4544; R. S. 1894, §6036; R. S. 
1897, §6318.) 

340. Organization — Officers. 4. Said Board of Trustees 
shall meet on the second Tuesday in January, 1866, at the 
office of the Superintendent of Public Instruction, and shall 
organize, by electing one of its number president, and one 
secretary, each for a term of two years ; and, at this or at a 
subsequent meeting, it shall elect some suitable person, outside 
of its number, as treasurer, who shall, before entering on duty, 
give bond in such sum as it may prescribe. (R. S. 1881, §4545 ; 
R. S. 1894, §6037; R. S. 1897, §6319.) 

341. Donations. 5. Said Board shall, at its first meeting, 
open books to receive, from different parts of the State, pro- 
posals for donations of grounds and buildings, or funds for the 
procuring of grounds and erecting of buildings, for said Normal 
School. Also, it may, if deemed needful, at this or a subsequent 
meeting, appoint one of its number, or other competent person, 
to visit the different parts of the State and explain the nature 
and object of said Normal School, and to receive proposals 
of donations of buildings and grounds, or of funds for the same. 
(R. S. 1881, §4546; R.^S. 1894^; §6038; R. S. 1897, §6320.) 

342. Location. 6. Said Board shall locate said school at 
such place as shall obligate itself for the largest donation : 
Provided, first, That said donation shall not be less in cash value 
than fifty thousand dollars ; second, that such place shall possess 
reasonable facilities for the success of said school. (R. S. 1881, 
§4547; R. S. 1894, §6039; R. S. 1897, §6321.) 

1. Appropriation for Buildings. An act of 1867 (p. 177) appropriated 
fifty thousand dollars out of the common school library fund and State treasury, 
in aid of the erection of the buildings, with a condition precedent that no part 
thereof should be paid until the city of Terre Haute has vested in the Board of 
Trustees of the Normal School the title to the land donated by her as a site for 
the school, by a good and sufficient deed in fee-simple, and had also bound her- 
self, by an agreement filed with the Auditor of State, to forever maintain one-half 
of tlie necessary repairs incident to keeping the buildings and grounds in proper 
order. 

343. Contract for building. 7. Said board shall, imme- 
diately after the selection of place of location, proceed to let a 
contract, or contracts, for the erection of a building, to the 



SCHOOL LAW OF INDIANA. 253 

lowest responsible bidder : Provided, That no member of the 
board be a contractor for building, or for furnishing any ma- 
terial therefor. (R. S. 1881, § 4548 ; R. S. 1894, § 6040 ; R. S. 
1897, § 6322.) 

344. Model school. 8. Said board shall organize, in con- 
nection with the i^ormal School, in the same building with the 
J^ormal School, or in a separate building, as it shall decide, a 
Model School, wherein such pupils of the I^orinal School as 
shall be of sufficient advancement shall be trained in the prac- 
tice of organizing, teaching and managing schools. (R, S. 1881, 
§4549; R. S. 1894, §6041; R. S. 1897, §6523.) 

345. Duty of Trustees. 9. Said Board shall prescribe the 
course of study for the ISTormal School ; shall elect the instruct- 
ors and fix their salaries ; and shall determine the conditions, 
subject to limitations hereinafter specified, on which pupils shall 
be admitted to the privileges of the school. (R. S. 1881, § 4550 ; 
R. S. 1894, §6042; R. S. 1897, §6324.) 

346. Conditions of admission. 10. The following condi- 
tions shall be requisite to admission to the privileges of instruc- 
tion in the ^Normal School : 

First. Sixteen years of age, if females, and eighteen, if males. 

Second. Good health. 

Third. Satisfactory evidence of undoubted moral character. 

Fourth. A written pledge on the part of the applicant, filed 
with the principal, that said applicant will, so far as may be 
practicable, teach in the common schools of Indiana a period 
equal to twice the time spent as a pupil in the ISTormal School ; 
together with such other conditions as the Board may, from 
time to time, impose. (R. S. 1881, §4551; R. S. 1894, §6043; 
R. S. 1897, §6325.) 

1. Students Must Submit to Eules. A student is required to submit to any 
proper rule necessary for the good government of the institution. — State v. White, 
82 Ind. 278. 

2. Qualifications for Admlssion. The faculty can not make membership 
of a Greek-letter fraternity, or other college secret society, a disqualification for 
admission.— State v. White, 82 Ind. 278. 

3. Race or Color. Students can not be excluded on account of race or 
color.— Cory v. Carter, 48 Ind. 327, 



254 SCHOOL liAW OF INDIANA. 

347. Tuition free. 11. Tuition in tbo Normal School shall 
bo five to all ivsiilents of Indiana who fnltill the four conditions 
set fi>rth in the preceding section and such other conditions as 
the r»oard nuiy require. \j\. S. 1881, §4552; R. S. 1894, §6044; 
K. S. 181)7, ^();520.) 

348. Principle of management. 12. A high standard 
of Christian morality shall be observed in the management of 
the school, and, as far as practicable, incidcated in the minds 
o[' the pu[>ils; yet no religious sectarian tenets shall be taught. 
[\i. tS. 1881, §4558; H. S. 1804, §0045; R. S. 1897, §0327.) 

349. Report. 13. Said Board of Trustees shall, biennially, 
make a report to the Legislature, setting forth the financial and 
scholastic condition of the school ; also make such suggestions 
as, in their judgment, will tend to the improvement of the 
same ; ami in the years in which there is no session of the Leg- 
islature, it shall make a report of the scholastic condition of 
the school to the Governor, on or before the first Monday in 
January. [U. S. 1881, §4554; K. 8. 1894, §0040; R. S. 1897, 
^ 0328.) 

riSVS, p. 199. Av>provei.l ami in force Miireh 5, 1873.] 

350. Board of visitors. 14. The State Board of Educa- 
tion shall appoint, annually, in the month of June, or at its first 
meeting thereafter, a committee of three, who shall constitute a 
Board of Visitors, and shall, in a body or by one of its number, 
visit said school once during each term, and witness the exer- 
cises and otherwise inspect the condition of the school : and, 
by the close of the Normal school year, they shall make a re- 
port to the Board of Trustees. The members of said r>oard of 
Visitors shall be alloweil live dollars for each day's service ren- 
dered, and also traveling expenses, to be paid out of the State 
treasurv. (R. S. 1881, ^§4555; R. S. 1894, §0047; R. S. 1897, 
§ 0329.) 

[187S, p. 199. Approved and in force March 5, 1873.J 

351. Certificates— Diplomas. 2. I'he Board of Trustees 
is authorized to grant, from time to time, certificates of pi'ofi- 
ciency to such teachers as shall have completed any of the pre- 



SCHOOL LAW OF INDIANA. 



255 



scribed cources of study, and whose moral character and disci- 
plinary relations to the school shall be satisfactory. At the 
expiration of two years after graduation, satisfactory evidence 
of professional ability to instruct and manage a school having 
been received, they shall be entitled to diplomas appropriate to 
such professional degrees as the Trustees shall confer upon 
them ; which diplomas shall be considered sufficient evidence 
of qualification to teach in any of the schools of this State. 
(R. S. 1881, § 4557 ; R. S. 1894, § 6049 ; R. S. 1897, § 6331.) 

[1865, p. 140. Approved and in force December 20, 1805.] 

352. Pay of Trustees. 16. The members of the Board of 
Trustees shall each be allowed five dollars for each day's service 
rendered, also traveling expenses, to be paid out of the State 
treasury. (R. S. 1881, § 4559; R. S. 1894, § 6051; R. S. 1897, 
§ 6333.) 

353. Pay of treasurer and agent. 17. Said board shall 
pay its treasurer, and its agent, if such be appointed, as pro- 
vided for in this act, such sums for their services as shall be 
reasonable and just. (R. S. 1881, § 4560; R. S. 1894, § 6052; 
R. S. 1897, § 6334.) 



CHAPTER XX. 

INDIANA UNIVERSITY. 



Skc 




Sec 


a>i. 


Recognized. 


370. 


355. 


Tax for endowment fund. 


371. 


;<56. 


Application of fund. 


372. 


yu. 


Bond of State. 


373. 


;:558. 


Loans by State Auditor. 


374. 


:i59. 


Mortgage.? taken by State Auditor. 


375 


.360. 


State may borrow fund. 


376. 


331. 


Trustees — Corporate name — OfiBcers — 


377. 




Power?. 


378. 


362. 


The first Trustees. 


379. 


.363. 


The first meeting. 


380. 


864. 


Vacancies. 


381. 


■.m. 


Pay of Tru.stees. 


382. 


.366. 


Trustees of Indiana University. 


.383. 


:-!67. 


Trustees' term.s expiring 1891, succes- 


.384. 




sors. 


3&5. 


368. 


Trustees' terms expiring 189.3, succes- 


386. 




sors. 


387. 


369. 


Registry of alumni. 


388. 



Nomination of Trustees. 

Annual meeting of alumni. 

Method of voting by alumni. 

Annual meeting. 

Quorum — Temporary appointments. 

Seminary township. 

Interest on loans. 

Faculty — Powers. 

No religious qualification. 

No sectarian tenets. 

County students. 

Notice to counties. 

Treasurer's bond. 

Board of Visitors. 

Visitors not attending, to be reported. 

Duties of Visitors. 

Duties of secretary. 

Duties of treasurer. 

Reiiort to State Superintendent. 



256 



SCHOOL LAW OF INDIANA. 



Sec. 




Sec 


389. 


Lectures by faculty. 


429. 


390. 


Geological examinations and speci- 


430. 




mens. 


431. 


391. 


Printing annual report. 


432. 


392. 


Contents of report. 


433. 


393. 


Notice of sessions. 


434. 


394. 


Buildings and repairs. 


435. 


395. 


Normal department. 


436. 


396. 


Agricultural department. 


437. 


397. 


Scholarships transferable. 


438. 


398. 


Perpetual scholarships. 


439. 


399 


Library. 


440. 


400. 


State Geologist. 


441. 


401. 


Fund, how derived — Loans. 


442. 


402. 


Auditor of State to loan— Duty, 


443. 


403. 


Form of mortgage. 


444. 


404. 


Form of note. 


445. 


405. 


Loans— Security. 


446 


406. 


Interest. 


447. 


407. 


Priority of mortgage. 


448. 


408. 


Recording of mortgage. 


449. 


409. 


Certificate as to liens. 


450. 


410. 


Abstractor title. 


451. 


411. 


Auditor's duty. 


452. 


412. 


Payment. 


4S3. 


413. 


Satisfaction. 


454. 


414. 


Loans, how collected. 


455. 


415. 


Judgment. 


456. 


416. 


Notice of sale. 


457. 


417. 


Sale. 


458. 


418. 


When Auditor to buy— Re-sale, 


459 


419. 


Limit of bid — Overplus. 


460. 


420. 


Statement of sale. 


461. 


421. 


Title in State, without deed. 


462. 


422. 


Sale for cash— Certificate. 


463. 


423. 


Sale on credit. 


464. 


424. 


Fees and damages. 


465. 


425. 


Accounts— Reports. 


' 466, 


426. 


Accounts with borrowers. 


467. 


427. 


Interest, when loaned. 


468. 


428. 


Unsold lands. 


469. 



Certificates of payment— Patent. 

Leases. 

Commissioners' report. 

Commissioners' duty. 

Pay of Commissioners. 

Patents, and recording. 

Pay for managing fund. 

Extension of payments. 

Forfeiture, how prevented. 

Forfeited lands. 

Appraisement of lands. 

Where filed and recorded. 

Duty of County Auditors. 

Notice of sale. 

Sale. 

Terms of sale. • 

Private entry. 

Certificate of purchase. 

Certificate to be registered. 

Cert'ifieate assignable. 

Forfeiture. 

Surplus. 

Forfeiture, how prevented. 

Land, how redeemed 

Security. 

Suit for waste. 

Patent on full payment. 

Auditor's report. 

Treasurer's report. 

To pay money to State Treasurer 

Pay of Auditor and Treasurer. 

Loans. 

Disposition of proceeds. 

Report of sales. 

One Trustee to attend sales. 

No member to deal in the lands. 

Trustees to get information. 

State Treasurer collects loans. 

County Auditors loan. 

Auditor of State can not loan. 

Counties pay interest. 

[1 R. S., 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

354. Recognized. 1. The institution established by an act 
entitled "An act to establish a college in the State of Indiana," 
approved January 28, 1828, is hereby recognized as the Univer- 
sity of the State. (R. S. 1881, § 4561 ; R. S. 1894, § 6053 ; R S. 
1897, § 6335.) 

The State University is not a public corporation, but a private, or at least a 
5M«si-public one, and its endowment fund is not embraced by tlie phrase, " public 
funds," as used in the interest law of 1879. — State v. Carr, 111 Ind. 335. 

[1883, p. 82. Approved and in force March 3, 1883.] 

355. Tax for endowment fund. 1. There shall be assessed 
and collected, as State revenues are assessed and collected, in 



SCHOOL LAW OF INDIANA. 257 

the year of eighteen hundred and eiglity -three, and in each of 
the next succeeding twelve years, the sum of one-lialf of one 
cent on each one hundred doUars' worth of taxable property in 
this State ; which money, when collected and paid into the State 
Treasury in each of the years named in this act, shall he placed 
to the credit of a fund to be known as the permaneiit endow- 
ment fund of the Indiana University. (R. S. 1894, § 6161 ; li. 
S. 1897, § 6449.) 

356. Application of fund. 2. Whenever, after the first 
day of May, eighteen hundred and eighty-four, there shall have 
been paid into the State Treasury a sum of said permanent en- 
dowment fund sufiicient to pay oiF any of the interest-bearing 
indebtedness of the State, it shall be the duty of the Treasurer 
of State to pay off and cancel such indebtedness, and it shall be 
the duty of said Treasurer of State to continue to pay off and 
cancel said interest-bearing indebtedness which may be due, or 
which, by the terms of the contract creating such indebtedness, 
may be paid off, w^henever there is a sufficient sum of said per- 
manent endowment fund in the State Treasury to pay off the 
same out of said permanent endowment fund. (R. S. 1894, 
§6162; R. S. 1897, §6450.) 

357. Bond of State. 3. It shall be the duty of the Treas- 
urer of State, immediately after paying off any of the interest- 
bearing indebtedness of the State, as provided for in section 2 
of this act, to make and issue to the trustees of said university 
and to their successors in office a non-negotiable bond of the 
State in an amount equal to the sum drawn from said perma- 
nent endowment fund and used in such payment. Said non- 
negotiable bond shall be signed by the Governor and Treasurer 
of State and attested by the Secretary of State and the seal of 
the State, and be made payable in fifty years after date, at the 
option of the State, and said bond shall bear five per cent, in- 
terest from date until paid, which interest shall be paid semi- 
annually on the first days of May and l^^ovember of each year, 
and the same shall be applied to the current and extraordinary 
expenses of said university and be paid to the trustees thereof, 
under the same rules and regulations as is now required by law 
in the payment of the revenues of said university. The non- 
17 — ScH. Law. 



258 SCHOOL LAW OF INDIANA. 

negotiable bonds provided for in this act, when executed, shall 
remain in the custody of the Treasurer of State. (R. S, 1894, 
§6163; R. S. 1897, 6451.) 

358. Loans by State Auditor. 4. That so much of said 
permanent endowment fund as shall not at any time be absorbed 
by the non-negotiable bonds of the State, as contemplated in 
this act, shall be loaned by the Auditor of State at six per centum 
interest, payable annually in advance, in real estate security ; 
and in making loans and disbursing interest collected the Treas- 
urer of State and the Auditor of State shall be governed by the 
law now in force regulating the manner of making loans of the 
university funds and paying out interest collected, except as 
otherwise provided in this act. (R. S. 1894, § 6164 ; R. S. 1897, 
§ 6452.) 

359. Mortgages taken by State Auditor. 5. It shall be 
the duty of the Auditor of State to make a complete record of 
every mortgage and note executed on account of any loan from 
said permanent endowment fund in a book to be kept in his 
ofBce for that purpose ; and on payment of any loan to said 
fund said Auditor shall enter a record of satisfaction in full on 
the margin of the record of the mortgage in his office and sign 
the same with his name ; and he shall also, in like manner, enter 
satisfaction in full on the face of the mortgage ; which mort- 
gage, when presented by the mortgagor, or any person holding 
title under him, to the Recorder of the county wherein the land 
mortgaged is situated, shall authorize the Recorder of said 
county to copy such entry on the record in his office. (R. S. 
1894, § 6165 ; R. S. 1897, § 6453.) 

360. State may borrow fund. 6. If at any time here- 
after the State shall need the loan of any part, or of all, of said 
permanent endowment fund, the State shall be a preferred bor- 

1 rower of so much of said fund as shall not be loaned at the 
time. But it shall be the duty of the Treasurer of State to 
cause to be executed, as an evidence of any such loan, a non- 
negotiable bond of the State for the amount so borrowed, in 
like manner as is provided in section 3 of this act : Provided, 
If at any time hereafter the said Indiana University shall be 



SCHOOL LAW OF INDIANA. 259 

consolidated with any other educational institution or institu- 
tions of the State, or shall he removed from its present location 
for any cause whatever, the fund raised under the provisions of 
this act shall he held and used for the benefit of such institu- 
tion, as consolidated or changed, notwithstanding such change 
or consolidation whenever so removed or consolidated : Pro- 
vided, further, That, after said date, no further appropriation 
shall he made to said university. (R. S. 1894, § 6166 ; R. S. 1897, 
§ 6454.) 

[1855, p. 201. Approved and in force March 3, 1S55.] 

361. Trustees — Corporate name — Officers — Powers. 2. 

The Board of Trustees of the State University shall be eight in 
number, of whom not more than one shall reside in the same 
county, excepting the county of Monroe, from which two may 
be selected. They, and their successors, shall be a body politic, 
with the style of "The Trustees of Indiana University;" i.n 
that name to sue and be sued ; to elect one of their number 
president ; to elect a treasurer, secretary, and such other ofiicers 
as they may deem necessary ; to prescribe the duties and fix the 
compensation of such ofiicers ; to possess all the real and per- 
sonal property of such university for its benefit; to take and 
hold, in their corporate name, any real or personal property for 
the benefit of such institution ; to expend the income of the 
university for its benefit; to declare vacant the seat of any 
trustee who shall absent himself for two successive meetings of 
the Board, or be guilty of any gross immorality, or breach of 
the by-laws of the institution ; to elect a president, such pro- 
fessors and other officers, for such university, as shall be neces- 
sary, and prescribe their duties and salaries ; to prescribe the 
course of study and discipline, and price of tuition in such uni- 
versity ; and to make all by-laws necessary to carry into effect 
the powers hereby conferred. (R. S. 1881, § 4562 ; R. S. 1894, 
§6054; R. S. 1897, § 6336.) 

362. The first Trustees. 2. The following persons, and 
their successors, shall constitute said Board: Joseph S. Jencks, 
of Vigo County ; Joel B. McFarland, of Tippecanoe County ; 
George Evans, of Henry County ; William M. French, of Clark 
County; Ransom W. Aiken, of Monroe County; Johnson 



•2{\0 SritOiM, l.\\V OV IMUAN.V. 

\K(\^Uouiiiu of MtMU'oo rouulv : Jniuos U. M. l>rv;in(, of Wav- 
ron rouut\ ; John I. Morrisoi\, of Washinu'toii C\)Mnty ; thrco 
o( whom shall sorvo i'ov two voars. two for thi'oo voart^, ami 
throo (ov four voars. i^K. 8. IS81, ^4:)();>; K. 8. 1S!)4, i^(H)55; 
K. S. 1SM7, JJl?^'^?'^?.'! 

363. The first meeting. ;>• 'I'ho tirst mootiuii' o{' saitl 
r>oaril shall bo hoKl at iho (own ot" l>loon»'ntii-toi\ on Montiav. 
(ho sooonil il.MV ot" .V|>ril, 1S,"k">. whon (hov shall dotorniino, hv 
lot, tlioir sovoral tonns oi' sorvioo. (^U. S. ISv"^!, i^4r)(54; K. 8. 
lS;>t, i^(>0:>t>: K. S. lSi>7. ^(!-S88.^ 

364. Vacancies. 4. \ avaiuios in saiil Hoard, whothor 
ooi'asionod hv vloalh, ivsiiination, ivinoval tVoni tho State, oxpi- 
ratiou o\' terms oi' serviee, i>r otherwise, shall he tilled l\v the 
Slate Uoard ot' Kdueation. ^I\. S. ISSl, ^4o(5;k R. S. 1S5U, 
^(50;>7 : Ix. S. ISjtT. ^l>aaM.) 

*365. Pay of Trustees. ''^. 'Phe Trustees ot' said Fniversitv 
shall reeeive, when eu\ploved in the aetual serviee of the 
Iniversitv, the same pay as nuMuhers ot" the Iteneral Assouibly. 
(^K. S. ISSl. ^4:uU?: K. S. 1S1^4. ^(50lv>: U. S. 1S9T, ^0847.) 

366. Trustees of Indiana "[Jnivei-sity. I. The Trustees 
of Indiana Inivei'siiy shall hereatier he eleeted t'or sueli terms 
of 5*ervveo. and in siu'h n\anner, as is lierein provided, and the 
terms of f^orvieo of the Trustees uow in otHee, and of those 
hereafter eKvted. vshall expire on tho tii^st day of July of the 
year i»i whieh sueh tenuj* are to end, (^R. S. 1804, ^0058: K. S. 
1807, ^l>a40.) 

36V. Tiustees' tei'nis expiiing; 1891. successors. -. Sue- 
eessoi's to three Trustees w hose terms ot" serviee expire in the 
year eiiihteen huudivd and ninety-one t^lSin") shall he eleeted 
by the Alumni of the UuiYer^jiity at tlie Oollei»v Oomineneement 
of the year lv85>l : one of the Trustees; so seleeted shall sserve for 
one year, one thv two years, and one for thivo yeai*s. At the 
first meeting of tlio Boaixi of Trustees after July 1, 1801, the 
sevem^l tenns of serviee of sneh thive Trustees shall be determ- 
iniMl hv lot. At the annual eonuneneement of the year in 
whioli tlioir terms expiix^, suoeessoi*!! to such thix^e Trustees shall 



SCHOOL LAW OP INDIANA. 261 

be elected hy the Alumni of the University, each to serve for 
three years. When vacancies in the Board of Trustees arise, 
from the death, resignation, removal from the State, expiration 
of term of service, or otherwise, of any of the three Trustees to 
he elected in 1891, or any of their successors, such vacancies 
shall be filled by the Alumni. (R. S. 1894, §6059; R. S. 1897, 
§6341.) 

368. Trustees' terms expiring 1893, successors. 3. Suc- 
cessors to the two trustees, whose terms of service expire in 
1893, shall be elected by the State Board of Education, and one 
of such two successors shall be elected for a term of two 
years, and the other for a term of three years. Successors to 
the three trustees, whose terms expire in 1894, shall be elected 
by the State Board of Education, one for a term of two years, 
and the other two trustees for terms of three years. Successors 
to the five trustees herein provided to be elected by the State 
Board of Education shall be elected by said State Board of 
Education, each trustee so elected to serve for three years : 
Provided^ That trustees elected by the Alumni, or the State 
Board of Education, to fill vacancies caused otherwise than by 
expiration of terms of service, shall be elected for such unex- 
pired terms only. Wlien vacancies in the Board of Trustees 
arise from the death, resignation, removal from the State, expira- 
tion of term of service, or otherwise, erf any of the five trustees, 
or their successors, herein provided to be elected by the State 
Board of Education, such vacancies shall be filled by said State 
Board of Education. (R. S. 1894, § 6060; R. S. 1897, § 6342.) 

369. Registry of Alumni. 4. A registry of the name 
and address of each alumnus of Indiana University residing in 
the State of Indiana shall be kept by the Librarian of said 
University, who shall correct such addresses when notified by 
the Alumni so to do. The Alumni of the University shall be 
those persons who have been awarded and on whom have been 
conferred any of the following degrees: Bachelor of Arts 
(A. B.), Bachelor of Letters (B. L.), Bachelor of Science (B. S.), 
Bachelor of Philosophy (B. Ph.), Bachelor of Laws (L. L. B,), 
Master of Arts (A. M.), Master of Science (M. S.), Doctor of 
Philosophy (Ph. D.) R. S. 1894, § 6061; R. S. 1897, § 6343.) 



262 SCHOOL LAW OF INDIANA. 

370. Nomination of Trustees. 5. Any ten or more 
Alumni may iilc with tlie Librarian of the University on or 
before the first day of April in each year a written nomination 
for the trustee or trustees to be elected by the Alnmni at the 
next college conmiencement. Forthwith after such lirst day of 
April a list of all such candidates shall be mailed by said Libra- 
rian to oacl. alumnus at his address. (R. 8. 1894, § 6162 ; R. S. 
1807, § tUU4.) 

371. Annual meeting of Alumni. 6. The annual meet- 
iug o[' the Alnmni for the election of trustees shall be held at 
the university on the Tuesday before the annual commencement 
day of said university, at the hour of nine o'clock a.m., at which 
meeting a trustee shall be elected to serve for three years fi*om 
the first day of July of sneh year, and any trustee or trustees 
which the Alumni may be entitled to elect to complete any 
unexpired term or terms. (R. S. 1894, §6163; R. S. 1897, 
§ 6345.) 

372. Method of voting by alumni. 7. Each Alumnus 
resident in the 8tato of Indiana nuiy send to said Librarian, 
over his signature, at any time before the meeting of the Alumni 
for the election of such trustee or trustees, the vote for such 
trustee or trustees which he would be entitled to east if person- 
ally present at such meeting, which vote such Librarian shall 
deliver to such meeting to be opened and counted at said elcc- 
ticm, together with the votes of those who are personally present ; 
but no person shall have more than one vote. The person or 
persons haviug the highest munher of votes upon the first balK»l 
shall be declared the trustee or trustees according as there may 
be one or nunv than one trustee to be elected : Proridid, The 
votes received by said ]>ersou, or by each of said persons, or at 
least fifty per cent, of all the votes cast. Otherwise the Alnmni 
personally present at such meeting shall, from the two having 
tlie highest pluralities, elect a trustee, unless their pluralities 
shall aggregate less than fifty per cent, of the votes cast, in 
which case there shall be included in the number of those to ])e 
voted for, so many of those coming after such two highest in 
order of pluralities as will bring the aggregate of such plurali- 
ties of those to be voted for to fifty per cent, of the votes cast. 
(R. S. 1894, § 6064; R, S. 1897, § 6346.) 



SCHOOL LAW OF INDIANA. 263 

[1 R S. 1852, p. 504. Appro veil June 17, 1*52, and in force May 6, 1853.] 

373. Annual meeting. •}. Said Trustees shall annually 
meet at the town of Blooniington at least three days preceding- 
the annual coinniencenient of the University, (R. S, 1881, 
i5 4567 ; R. B. 1894, § 6065 ; R. S. 1897, ^ 6348.) 

374. Quorum — Temporary appointments. 4. Five of 

such trustees shall constitute a quorum; and, in case an emei'- 
gency is declared by the faculty, after there shall have l)een a 
called session at which the other members failed to attend, the 
trustees residing in the county of Monroe may fill vacancies in 
the faculty of the University and the Board of Trustees; and, 
in case there should not be three trustees in attendance upon 
such emergency, then those that are in attendance, together with 
su(;h members of the faculty as may be in attendance, shall fill 
such vacancies; but appointments thus made sliall expire at the 
next meeting of the board. (R. S. 1881, §4568; R. S. 1894, 
^6067; R. S. 1897, § 6349.) 

375. Seminary township. 5. The trustees of said uni- 
versity shall receive the proceeds of the sales and rents of the 
three reserved sections in the seminary township in Monroe 
County, and the same shall be paid to the treasurer of said 
trustees, on their order. (R. S. 1881, § 4569 ; R. S. 1894, § 6068 ; 
R. S. 1897, § 6350.) 

376. Interest on loans. 6. The interest arising from loans 
of the State University fund, as received at the State treasury, 
shall be paid on the warrants of the Auditor of State ; such 
warrants to be granted on allowances made to the persons en- 
titled thereto by the Board of Trustees, and duly certified by 
their secretary. (R. S. 1881, § 4570 ; R. S. 1894, § 6069 ; R. S. 
1897, § 6751.) 

377. Faculty — Powers. 7. The president, professors and 
instructors shall be styled " The Faculty" of said university and 
shall have power — 

First. To enforce the regulations adopted by the trustees for 
tlie government of the students; to which end they may reward 
and censure, and may suspend those who continue refractory, 
until a determination of the Board of Trustees can be had 
thereon. 



264 SCHOOL law of Indiana. 

SccojhL To confer, witli the consent of the trustees, such 
literary degrees as are usually conferred in other universities, 
and, in testimony thereof, to give suitable diplomas, under the 
seal of the university and signature of the faculty. (R. S. 1881, 
§ 4571 ; R. S. 1894, § 6070 ; R. S. 1897, § 6350.) 

378. No religious qualification. 8. l^o religious qualifi- 
cation shall he required for any student, trustee, president, pro- 
fessor or other officer of such university, or as a condition for 
admission to any privilege of the same. (R. S. 1881, §4572; R. 
S. 1894, § 6071 ; R. S. 1897, § 6353.) 

1. Students Must Submit to Kules. A student is required to submit to any 
proper rule necessary for the good government of the institution. — State v. White, 
82 Ind. 278. 

2. Qualifications for Admission. Tlie faculty can not make membership 
of a Greek-letter fraternity or other college secret society a disqualification for 
admission.— State v. White, 82 Ind. 278. 

3. Race or Color. Students can not be expelled on account of race or color. 
— Cory V. Carter, 48 Ind. 827. 

379. No sectarian tenets. 9. No sectarian tenets shall he 
inculcated by any professor at such university. (R. S, 1881, 
§ 4573 ; R. S. 1894, § 6072 ; R. S. 1897, § 6354.) ^ 

380. County students. 10. The trustees shall provide for 
the tuition, free of charge, of two students from each county in 
this State, to be selected by the Board of County Commissioners. 
(R. S. 1881, § 4574; R. S.'l894, § 6073; R. S. 1897, § 6355.) 

1. Each county may send two students, free of tuition fees, to be instructed 
in the Law Department, as well as any other department. — McDonald v. Hagins, 
7 Blackf. 525. 

381. Notice to counties. 11- The secretary of the board 
shall notify the County Auditor of each county of the State 
whenever there shall not be in attendance at the university the 
number of students which such county is entitled to send free 
of tuition ; of which such Auditor shall notity the Board of 
Commissioners of such county at its next meeting. (R. S. 1881, 
§ 4575 ; R. S. 1894, § 6074; R. S. 1897, § 6356.) 

382. Treasurer's bond. 12. The treasurer of the univer- 
sity shall give bond in a penalty, and with surety to be approved 
by such board, payable to the State, conditioned for the faithful 



SCHOOL LAW OF INDIANA. 265 

discharge of his duties; whieli l:)ond shall be filed with the 
Auditor of State. (R. S. 1881, § 4576 ; R. S. 1894, § 6075 ; R. S. 
1897, § 6357.) 

383. Board of Visitors. 13. Tlie Governor, Lieutenant- 
Governor, Speaker of the House of Representatives, Judges jf 
the Supreme Court, and Superintendent of Common Schools 
[State Superintendent of Public Instruction], shall constitute a 
Board of Visitors of the university, and any three thereof a 
quorum. (R. S. 1881, §4577; R. S. 1894, §6076; R. S. 1897, 
§ 6358.) 

384. Visitors not attending, to be reported. 14. In 3ase 
the members of sucli Board of Visitors fail to attend the an- 
nual commencement exercises of the university, the president 
of the Board of Trustees shall report such of them as are ab- 
sent to the next General Assembly, in its annual report. (R. S. 
1881, § 4578 ; R. S. 1894, § 6077 ; R. S. 1897, § 6359.) 

385. Duties of Visitors. 15. Such Board of Visitors shall 
examine the property, the course of study and discipline, and 
the state of the finances of the university, and recommend such 
amendments as it may deem proper, the books and the accounts 
of the institution being open to its inspection; and it shall 
nuxke report of its examination to the Governor, to be by him 
laid before the next General Assembly. (R. S. 1881, § 4579 ; 
R. S. 1894, § 6078; R. S. 1897, § 6360.) 

386. Duties of Secretary. 16. The secretary of the Board 
of Trustees shall keep a true record of all the proceedings of 
said Board, and certify copies thereof. He shall also keep an 
account of the students in the university according to their 
classes, stating their respective ages and places of residence, and 
a list of all gmduates. (R. S. 1881, § 4580 ; R. S. 1894, § 6079 ; 
R. S. 1897, §^6361.) 

387. Duties of Treasurer. 17. The treasurer of said uni- 
versity shall — 

Fir><t. Keep true accounts of all money received into the 
treasury of said university, and of the expenditures thereof. 

Second. Pay out the same on the order of the Board of 
Trustees, certified by its secretary. 



266 SCHOOL LAW OF INDIANA. 

Third. Collect the tuition fees due the same. 

Fourth. Make semi-annual settlements with the Board of 
Trustees. 

Fifth. Submit a full statement of the finances of the univer- 
sity, and his receipts and payments, at each meeting of the 
Board of Trustees. 

Sixth. Submit his books and papers to the inspection of the 
Trustees and Visitors. (R. S. 1881, § 4581 ; R. S. 1894, § 6080 ; 
R. S. 1897, § 6362.) 

388. Report to State Superintendent. 18. The Board 
of Trustees, its secretary and treasurer, shall report to the Su- 
perintendent of Common Schools [State Superintendent of Pub- 
lic Instruction], all matters relating to the university, when by 
him required. (R. S. 1881, §4582; R. S. 1894, §6081; R. S. 
1897, § 6363.) 

389. Lectures by faculty. 19. One member of the faculty, 
to be designated by a majority thereof, of which the secretary 
of the board shall be informed, shall, by himself or competent 
substitute, deliver a public lecture on the principles and organ- 
ization of the university, its educational facilities (being careful 
not to disparage the claims of other institutions of learning in 
the State), in at least fifteen dififerent counties of the State, of 
which he shall give due notice; and in a vacation of less dura- 
tion than one month a member of the faculty, to be designated 
as aforesaid, shall deliver such lecture in at least three difterent 
counties ; a brief statement of which lectures shall, by the per- 
sons delivering them, be reported to the Board of Trustees, an- 
nually, to be by them incorporated in the annual report to the 
General Assembly ; but no two such lectures shall be delivered 
in the same county until all the counties of the State have been 
lectured in. (R. S. 1881, § 4583 ; R. S. 1894, § 6082 ; R. S. 1897, 
§ 6364.) 

390. Geological exam::' ations and specimens. 20. Such 
lecturers shall make such geological examinations and collect 
such mineralogical specimeiM as they may be able to make and 
procure; a report whereof tliey shall make to the Board of 
Trustees, to be by it incorp )rated in its annual report to the 
General Assembly; and su^h specimens, together with those 



SCHOOL LAW OP INDIANA. 267 

tliey may procure by voluntary donations, they shall deposit in 
a suitable room in the university buildings, to be fitted up for 
that purpose. (R. S. 1881, §4584; R. S. 1894, § 6083; Ti. S. 
1897, § 6365.) 

391. Printing annual report. 21. The Governor of the 
State shall order the printing, annually, of five thousand copies 
of the annual report of the Board of Trustees, twenty-five hun- 
dred of which shall be for the use of tlie members of the General 
Assembly and twenty-five hundred for the faculty. (R. S. 1881, 
§ 4585 ; R. S. 1894, § 6984 ; R. S. 1897, § 6366.) 

1. How Printed. This report and the catalogues are printed by the State 
Commissioners of Public Printing. Acts 1885, p. 217, section 9. 

392. Contents of report. 22. Such report shall contain 
what is now included in the annual catalogue, with such other 
matters as may be deemed useful to the cause of education, con- 
nected with the university. (R. S. 1881, §4586; R. S. 1894, 
§ 6085 ; R. S. 1897, § 6367.) 

393. Notice of sessions. 23. The Board of Trustees, 
through its president, shall give at least one month's notice of 
the commencement of each session of the university in at least 
one newspaper in the cities of Indianapolis, Louisville, in the 
State of Kentucky, and in N^ew Orleans, in the State of Louisi- 
ana. (R. S. 1881, § 4587 ; R. S. 1894, § 6086 ; R. S. 1897, § 6368.) 

394. Buildings and repairs. 24. The Board of Trustees 
shall, annually, appoint a committee of its body to examine the 
university buildings and grounds adjacent, who shall report the 
kind and cost of repairs, if any are needed ; and one of the 
members of the faculty shall be appointed to take care of such 
buildings and grounds. (R. S. 1881, § 4588 ; R. S. 1894, § 6087 ; 
R. S. 1897, § 6369.) 

395. Normal Department. 25. Such -Trustees shall es- 
tablish a normal department for instruction in the theory and 
practice of teaching, free of charge to such young persons, male 
and female, residents of the State, as may desire to qualify 
themselves as teachers of common schools, within the State, 
under such regulations as such Board of Trustees may make in 
regard to admitting to, kind, and time of delivery of lectures 



268 RCTTOOL T,AW OF INDIANA. 

ill such (lopaiiuuMit, niul tlu' i;Tantini;- of di[)l(>inas therein; and 
siu'h ivii'u hit ions shall be ineorporated in the annual report of 
the Tnlstees to the General Aisscnibly. (R. S. 1881, § 4589; Jl. 
S. 1894, i^ 0088; 11. S. 1897, ^ 0870.) 

396. Agricultural department. -0. Sueh Trustees shall 
also establish an ai;Ti('ultural department in such university, 
uiuler proper regulations, whieh shall likewise be set fortli in 
their annual report. (H. S. 1881, §4590; R. 8. 1894, §6089; 
R. S. 1897, §0871.) 

11S;"^7, 11. K^O. Appvovod IMiircli 7. ISoT, niul in foroo Aiifrust 24, 1857.] 

397. Scholarships transferable. 1- AH seholarships in 
the State University, issued tor or founded upon subscription 
nuuieys paid by individuals toward the construction of the nni- 
versity buildiui^-s, or any of them, or the riglit to use said sehol- 
arsliips for any session or sessions of the college year in said 
institution, may be transferred or sold by the holders thereof 
for a valuable" consideration. (K. !S. 1881, §4591; R. S. 1894, 
§(;090; R. S. 1897, §0872.) 

[181)1 S.,i>.80. Approvod nnd in t'ovoo Mny SI . 18(U.T 

398. Pei-petual scholarships. 1. The contingent fee on 
perpetual scludarships, issued by the Trustees of the State Uni- 
versity, shall not be more than one dollar per session: Pro- 
ri(h'<i, That the Trustees are hereby authorized to purchase said 
scholarships whenever, in their opinion, it is for the best inter- 
ests of the university, at not more than ninety cents on the dol- 
lar, by giving notice in some newspaper published in the town 
o[' r>loomington, that they are ready to purchase said scholar- 
ships; and, after the date of such notice, no person shall be en- 
titled to any benetits under the provisions of said scholarsliips, 
except to sell the same, as is provided in this act. (R. S. 1881, 
§ 4592: R. 8. 1894, § 0091 ; R. S. 1897, § 0878.) 

I IStU S.. v>. 88. AiMiroved JNlny 11, 18(il, juul in foroo Soptomber 7, 1861.] 

399. Library. '-. The State Librarian is directed to trans- 
fer from the State Library to the Library of the Indiana Uni- 
versity a ctmiplete set of journals of both Houses of the Legis- 
lature, a copy of all laws enacted since the organization of the 



SCHOOL LAW OF INDIANA. 269 

State, and of all reports from the several departments of State, 
and of those received from other States, and from the general 
government, together with all other books and documents of 
which there are duplicates now in the State Library, or shall 
be hereafter received : Provided^ That such books and docu- 
ments can be spared without injury to the State Library, and 
that such transfer be made without expense to the State. (R. S. 
1881, § 4593; R. S. 1894, § 6092; R. S. 1897, § 6374. 

400. State Geologist. 3. The State Geologist, while he 
holds his office, shall be regarded as a member of the faculty 
of the university; and he is hereby directed, in his reconnois- 
ances, to collect duplicate specimens of mineralogy and geology, 
and to deposit one set of the same in the cabinet of the State 
University. (R. S. 1881, § 4594; R. S. 1894, § 6093; R. S. 
1894, § 6375. 

[1 R. S. 1852, p. 504, Approved June 17, 1852, and in force May R, 18.53.] 

401. Fund, how derived — Loans. 28. The University 
fund shall consist of the lands in Monroe and Gibson Counties, 
and the proceeds of sales thereof, and all donations for the use 
of such university, where the same is expressly mentioned in 
the grant, or where in such grant the term "University" only 
is used; the principal of which fund, when paid into the State 
Treasury, shall be loaned, and the annual interest thereon ap- 
plied to the current expenses of the university, upon warrants 
drawn on the Treasurer of State by the Auditor of State, on 
the requisition of the Board of Trustees, signed by the Presi- 
dent and attested by the Secretary thereof. (R. S. 1881, § 4595 ; 
R. S. 1894, § 6094; R. S. 1897, § 6376. 

402. Auditor of State to loan— Duty. 29. It shall be 
the duty of the Auditor of State to loan out such fund upon 
real estate security. He shall duly inform himself of the value 
of all real estate offered in pledge, and shall lie judge of the 
validity of the title thereof; and any person applying for a loan 
shall produce to said auditor the title papers to such real estate, 
showing title in fee simple, without incumbrance, and not de- 
rived til rough any executor's or administrator's sale, or sale on 



270 SCHOOL LAW OF INDIANA. 



execution. (K. S. 1881, § 4596; R. S. 1894, § 6095; R. S. 1897, 
§ 6385.) 

1. Repealed. From section 402 to section 424, inclusive, has been repealed 
by the Act of 1897, section 400. The repealed sections are inserted as matter of 
information. 

403. Form of mortgage. 30. The mortgage to be taken 
may be in the following form, in substance: (K. S. 1881, 
§ 4597; K. S. 1894, § 6096; R. S. 1897, § 6386.) 

I, A. B., of the county of , in the State of Indiana, do asdgn and trant^J'er to 

the State of Indiana all [here describe the land], which I declare to be mortgaged for the 

payment of dollars, tvith interest at the rate of seven per cent, per annum, payable 

in. advance, aecordimj to the conditions of the note hereunto annexed. 

404. Form of note. 31. The note accompanying the 
same may be, in substance, as follows: (R. S. 1881, § 4598; 
R. S. 1894, § 6097; R. S. 1897, § 6387.) 

/, A. B., prmnise to pay to the State of Indiana, on or before the day of , 

the sum of , udth interest thereon at the rate of seven per cent, per annum, in ad- 
vance, commencing on the day of , 18 — , and do agree that, in case of 

ailure to pay any installment of said interest, the said principal shall become diie and col- 
lectible, together with all arrears of interest ; and cm any such failure to pay principal or 
interest when due, five per centum damages on the whole swn due shall be collected with costs, 
and the premises mortgaged may be forthwith sold by the Auditor of Public Accounts [Au- 
ditor of State], for the payment of such principal sum, interest, damages and costs. 

405. Loans — Security. 32. ISTo greater sum than live hun- 
dred dollars shall be loaned to any one person out of such fund, 
nor shall the loan be for a longer period than five years; and 
the sum loaned shall not exceed one-half of the appraised value 
of the premises to be mortgaged, clear of all perishable im- 
provements. The Auditor may reduce the amount to be loaned 
on any such valuation, when, fen- any cause, he may have reason 
to believe the same was not in proportion to the prices of simi- 
lar property selling in the vicinity, such valuation to be made 
from the valuation of the same property in the assessment of 
the State revenue. (R. S. 1881, § 4599 ; R. S. 1894, § 6098 ; R. 
S. 1897, § 6788.) 

406. Interest. 33. The rate of interest required shall be 
seven per cent, in advance, payable annually. On failure to pay 
any installment of interest when due, tbe principal shall forth- 



SCHOOL LAW OF INDIANA. 271 

with become due ; and tlie note and mortgage may be collected. 
(R. S. 1881, § 4600 ; R. S. 1894, § 6099 ; R. S. 1897, § 6389.) 

1. This section was not repealed by the general interest law of 1879, fixing 
the rate at 8 per cent. — State v. Carr, 111 Ind. 335. 

407. Priority of mortgage. 34. Such mortgages shall be 
considered as of record from the date thereof; and shall have 
priority of all mortgages or conveyances not previously re- 
corded, and of all other liens not previously incurred, in the 
county where the land lies. (R. S. 1881, §4601; R. S. 1894, 
§ 6100 ; R. S. 1897, § 6390.) 

408. Recording of mortgage. 35. It shall be the duty 
of the Auditor to have such mortgages rec'orded with due dili- 
gence, the expense whereof shall be borne by the mortgagor, and 
may be retained out of the money borrowed. (R. S. 1881, 
§ 4602 ; R. S. 1894, § 6101; R. S. 1897, § 6391.) 

409. Certificate as to liens. 36. The person applying 
for a loan shall tile with the Auditor the certificate of the Clerk 
and Recorder of the county in which the land hes, showing that 
there is no conveyance of or incumbrance on said land, in either 
of their offices. (R. S. 1881, § 4603 ; R. S. 1894, § 6102 ; R. S. 
1897, § 6392.) 

410. Abstract of title. 37. Such person shall also, before 
he receives the money to be loaned, make oath to the truth of 
an abstract of the title to his said land, and that there is no in- 
cumbrance, or better claim,' as he believes, upon said land. (R. 
S. 1881, § 4604; R. S. 1894, § 6103; R. S. 1897, § 6393.) 

411. Auditor's duty. 38. On making any loan of such 
fund, the Auditor shall draw his warrant on the Treasurer in 
i'iivor of the borrower; and the Treasurer shall pay the same 
and charge it to the proper fund. (R. S. 1881, §4605; R. S. 
1894, § 6104 ; R. S. 1897, § 6394.) 

412. Payment. 39. All loans refunded and all interest 
shall be paid into the State Treasury; and the Treasurer's re- 
ceipt sliall be filed with the Auditor of State, who shall give the 
l)ayer a quietus for the amount thereof and make the proper 
entries upon his books. (R. S. 1881, § 4606 ; R. S. 1894, § 6105 ; 
R. S. 1897, § 6395.) 



272 SCIIOOI, LAW OF INDIANA. 

413. Satisfaction. K^. W' hcin-xor tlu' amount dtu' on any 
nu)f(i>'ai''o shall hi* I'lilly paid and (lu> 'Prcasuror's i'e('ci[)t Hlod 
MuMvror, the Auditor shall indorse on the note and niortg'ago 
that the same has been i'uily satisfied, and surrender tlieni to tlie 
person entitled theri'to; and on tlie pi'oduetion of the same, with 
such iiuh)rsiMni'nt thereon, the luH'orih'r of the proper county 
shall enter satisfaction upon the record thereof. (R. S. 1881, 
i^' 4()07 ; II. S. 181)4, J^ (51 0(5 ; R. S. 18<)7, i^ (589(5.) 

414. Loans, how collected. 41. When the interest or 
principal of any such loan shall heconie due and remain unpaid 
the Auditor sliall prociH'd to colK'ct (lie same by a. suit on the 
note, or by the sale oi' the morti>:aiivd premises, or botli, us to 
him may sciMu most aclvisabU^. lie may, also, l)y pi-opcr action, 
obtain possession oi' the nu)i'tij,'ai2,'ed pi-emises. (R. S. 1881, 
^4(508: R. S. 18!U, ^(5107; R. S. 18!»7, ^ (!;5S)7.) 

415. Judgment. 42. In case of suit on such note, and 
iudii'nuMit thcrei)n, no stay o{' i^xecution or ap[>raisement of 
property shall be aUowed. [\\. !S. 1881, i< 4t5()<) ; R. 8. 1804, 
i^(Sl()8; R. S. 1897, ^(5898.) 

416. Notice of sale. b"5. ()n failure to pay any interest or 
principal, when due on any such morto-a>i,'e, the Auditor shall 
advertise the mortii'au'cd pri)perty lor sale in one or more of the 
ne\Ys[»apers printed in this State, foi- sixty <lays — such sale to 
take j)lace at the ci>urthouse iloor in Indianapttlis. (R. S. 1881, 
^4(510; R. S. 1894, ^(5109; R. S. 1897, ^ (>-599.) 

1. A I'.iiliuo to ji'ivo notioo, or to not give it tho roiiuirod lougtii of time, roii- 
dor.s tiio sail' void. — Brown v. Ogg, 85 hid. "-M. Al>lnvvi;itions ni;iy l>o used in 
tlio dosi-ription, — Hansemor r. ^Iiuv, IS Ind. '27. 

417. Sale. 44. .\t the time a[)[)ointed for such sale (he 
Auditor and 'Preasurcr oi' State shall attend, and the Auditor 
shall make sale oi' ^o much of the mortii'au'cd premises to tho 
hiii'liest bidder, tor cash, as will pay the amount dtie for princi- 
pal, interest, damages and cost oi' advertisino- and selling the 
same ; and such sales may be in parcels, sii that the whole amount 
required be realized. (^Ix. S. 1881, i^ 4(511: R. S. 1894. i< (5110 : 
R. S. 1897, S (5400.) 

1. A sail' for uioiv tlKin is due is void. 15ni\vi> v. Ogg', So Ind. 2o4. Tl»e 
.Auditor nmv not by dojnity. Uansoinor r. Maoo, IS Ind. *J7. 

2. It is not noi'ossary to otl'or tijo n\ortgas<od tract in parools. — Bansomer t>. 
Maoo, IS lud. -J: 



SCHOOL LAW OF INDIANA. 273 

418. When Auditor to buy — Re-sale. 45. In case no one 
will bid the fall amount due as aforesaid, tlie Auditor shall bid 
in the same, on account of the proper fund ; and as soon there- 
after as may be, he shall sell the same to the highest bidder for 
cash, or on a credit of five years, interest being payable annu- 
ally in advance. (R. S. 1881, § 4612 ; R. S. 1894, § 6111 ; R. «. 
1897, §6401.) 

419. Limit of bid — Overplus. 46. The sale authorized in 
the preceding section shall not be for less than the amount 
chargeable on such land; but if for more, the overplus shall be 
paid to the mortgagor, his heirs or assigns. (R. S. 1881, § 4613 ; 
R. S. 1894, § 6112; R. S. 1897, § 6402.) 

420. Statement of sale. 47. The Treasurer shall attend 
and make a statement of such sales, which shall be signed l^y 
the Auditor and Treasurer, and, after l)eing duly recorded in 
the Auditor's office, shall be filed in the Treasurer's office ; and 
such record, or a copy thereof, authenticated l)y the Auditor's 
01' Treasurer's certificate, shall be received as evidence of the 
matters therein contained. (R. S. 1881, §4614; R. S. 1894, 
§6113; R. S. 1897, §6403.) 

421. Title in State, without deed. 48. When any land 
is bid in by the State at such sale, no deed need be made there- 
for to the State ; but the statement of such sale, and the record 
thereof made, as in the preceding section required, shall vest 
the title in the State, for the use of the fund. (R. S. 1881, 
§ 4615 ; R. S. 1894, § 6114 ; R. S. 1897, § 6404.) 

422. Sale for cash — Certificate. 49. In case of a sale of 
any such land to any person for cash, on the production of the 
Treasurer's receipt for the purchase money, the Auditor shall 
give to the purchaser a certificate, which shall entitle him to a 
deed for said land, to be executed by the Governor of this State 
and recorded in the office of the Secretary of State. (R. S. 
1881, § 4616 ; R. S. 1894, § 6115 ; R. S. 1897, § 6405.) 

423. Sale on credit. 50. In like manner, when any tract 
])id in by the State or sold on a credit, on the execution and de- 
livery of a note and mortgage for the proper amount, as in 
other cases required, the purchaser shall be entitled to a deed 

18 — ScH. Law. 



274 SCHOOL LAW OF INDIANA. 

for the same, to be made as prescribed in the preceding section ; 
and the transaction shall be entered, and appear npon the Aud- 
itor's and Treasurer's books as a payment of the sum bid, and 
a re-loan of the same to the purchaser, and the proper receipts 
and warrants shall pass therefor. (R. S. 1881, § 4617 ; H. S. 
1894, § 6116 ; R. S. 1897, § 6406.) 

424. Fees and damages. 51. For the services of the 
Auditor and Treasurer in conducting such sales, they shall be 
entitled to rece'ive iive per cent, damages, chargeable on such 
sales. (R. S. 1881, § 4618 ; R. S. 1894, § 6117 ; R. S. 1897, § 6407.) 

425. Accounts — Reports. 52. The Auditor and Treasurer 
shall keep fair and regular entries of the sums received and 
paid out on account of said fund, and shall include the same in 
their annual reports. (R. S. 1881, §4619; R. S. 1894, §6118; 
R. S. 1897, § 6408.) 

426. Accounts with borrowers. 58. In addition thereto, 
the Auditor shall keep fair and regular accounts with the bor- 
rowers of said fund, and shall report the names of b(UTOwers 
with his annual report. (R. S. 1881, § 4620 ; R. S. 1894, § 6119 ; 
R. S. 1897, § 6409.) 

427. Interest, when loaned. 54. tShould any interest 
remain on hand, not wanted for the use of the university, the 
same may be loaned as other funds. (R. S. 1881, § 4621 ; R. S. 
1894, § 6120 ; R. S. 1897, § 6410.) 

428. Unsold lands. 55. The care and disposition of the 
lands belonging to and for the use of said university, remaining 
unsold or unpaid for, shall be vested in the present commis- 
sioners of the reserved townships in the counties in which such 
lands may lie, who shall sell such as remain unsold, and such as 
are forfeited for non-payment, on such terms and under such 
regulations as the Board of Trnstees of such university may 
provide; except that, in every instance, the interest on the pur- 
chase-money must be paid in advance. I^o purchaser, his heirs 
or assigns, shall have the right to cut down or destroy timber 
standing upon such land, other than for the erection of fences 
and buildings thereon, or for lirewood to be used on the prem- 



SCHOOL LAW OF INDIANA. 275 

ises, and in fairly improving it for cultivation. (R. S. 1881, 
§ 4622; R. S. 1894, § 6121 ; R. S. 1897, § 6411.) 

429. Certificates of payment — Patent. 56. On the first 
payment for any such land being made, the proper commissioner 
shall execute to the purchaser a certilicate therefor; and, on 
final payment, the original certificate shall be surrendered to 
the commissioner, and by him filed away, and he shall give 
to the purchaser two final certificates, stating the whole amount 
of principal and the whole amount of interest paid, one of which 
certificates shall be forwarded to the Auditor of State ; and on 
presentation of the other to the Auditor of State, if in all things 
correct, he shall countersign the same, which shall entitle the 
owner to a patent, to be issued by the Governor for the land so 
paid for. (R. S. 1881, § 4623; R. S. 1894, § 6122; R. S. 1897, 
§ 6412.) 

430. Leases. 57. Such commissioners may, from time to 
time, lease any such unsold improved land, for a term not ex- 
ceeding one year, until the same can be sold ; and such leases 
shall be guarded against trespass and waste by proper covenants. 
(R. S. 1881, § 4624; R. S. 1894, § 6123; R. S. 1897, § 6413.) 

431. Commissioners' report. 58. Such commissioners shall 
niake an annual report to the Board of Trustees of the lands 
remaining unsold, such as are forfeited, such as are not fully 
paid for, the amount due, and money collected from sale, as 
interest or principal ; which report shall be subscribed and sworn 
to by such commissioners, respectively, and be incorporated 
in the annual report of such board to the General Assembly. 
(R. S. 1881, § 4625; R. S. 1894, § 6124 ;-R. S. 1897, § 6414.) 

432. Commissioners' duty. 59. Money collected by such 
commissioners shall be paid over to the treasurer of the board, 
who shall execute to such commissioners two receipts therefor, 
each specifying the persons from whom such money was col- 
lected, and the amount thereof, whether for interest or princi- 
pal ; one of which receipts shall be immediately forwarded to 
the Auditor of State, to be by him used in his settlement with 
such treasurer. (R. S, 1881, § 4626; R. S. 1894, § 6125; R. S. 
1897, § 6415.) 



276 SCHOOL LAW OF INDIANA. 

433. Pay of Commissioners. 00. Sueli board shall regu- 
late the compensation of such commissioners. (R. S. 1881, 
§ 4627: R. S. 1894, § 6126; R. S. 1897, § 6416.) 

434. Patents, and recording. 61. Patents for land sold 
shall be made by the Governor, and recorded in the office of the 
Secretary of State. (R. S. 1881, § 4628; R. S. 1894, § 6127; 
R. S. 1897, § 6417.) 

[1855, p. "201. Approved and in force March 3, 1855.] 

435. Pay for managing fund. 7. The Auditor of State 
and the Treasurer of State, for the management of the Uni- 
versity fund, shall be, jointly, entitled to receive five per centum 
upon the interest paid in on such fund ; and it shall not be law- 
ful for them, or either of them, to make any other charges 
against the same. (R. S. 1881, § 4629; R. S, 1894, § 6128; 
R. S. 1897, § 6418.) 

436. Extension of payments. 8. The time for the final 
payments to be made by the holders of original certificates for 
the purchase of lands reserved and granted to the State Uni- 
versity of Indiana, in the case of all such certificates as have 
heretofore been issued and are now outstanding, shall be ex- 
tended for the further term of three years from the time when 
the same may, respectively, tall due. (R. S. 1881, § 4630 ; R."S. 
1894, § 6129; R. S. 1897, § 6419.) 

437. Forfeiture, how prevented. 9. Any and all holders 
of such certificates, as aforesaid, who have forfeited such lands 
by the non-payment of interest on the purchase-money, shall 
be exempted and released from such forfeiture by paying, to the 
commissioners of such lands, on or before the first day of 
August, in the year 1855, all interest due on the same, together 
with the interest upon the amount due at the time of such for- 
feiture up to the time of said payment; and upon such pay- 
ment being made, in the manner, and within the time herein 
specified, the holder of such certificate shall have the same 
rio-hts under it as if such forfeiture had never occurred. (R. S. 
1881, § 4631 ; R. S. 1894, § 6130 ; R. S. 1897, § 6420.) 

438. Forfeited lands. 10. If any portion of said lands 
now forfeited shall not have been redeemed on said first day of 



SCHOOL LAW OF INDIANA. 277 

August next, as provided in tlie preceding section, it shall 1)e 
the duty of the" commissioners of such reserved lands to sell 
the same for the best price they can obtain, not less than the 
original purchase price, allowing the purchaser a credit on the 
same as now provided by law. If any of such lands shall here- 
after be forfeited, it shall be the duty of such commissioners, 
if the same l>e not redeemed within six months from the time 
of such forfeiture, to sell the same on the terms in this section 
above provided. For their services in effecting such sales, the 
commissioners shall be entitled to retain, out of the first money 
received from the purchasers, five per cent, upon the amount 
of the purchase price of such lands. (R. S. 1881, § 4632 ; R. S. 
1894, § 6131 ; R. S. 1897, § 6421.) 

[1859, p. 234. Approved and in force March 2, 1859.] 

439. Appraisement of lands. 1. The Board of Trustees 
of the Indiana University shall cause to be appraised the land 
granted by the United States to the State of Indiana for the 
use of the said university. (R. S. 1881, §4633; R. S. 1894, 
§ 6132 ; R. S. 1897, § 6422.) 

440. Where filed and recorded. 2. It shall l^e the duty 
of the said trustees, v.dien the said appraisement shall have been 
made, to record the same upon their books, and to file a copy 
of the same in the oflice of the Auditor of State, to be, by said 
Auditor, recorded in his office; and, also, to file copies of such 
appraisements of the lands in the respective counties in the 
office of the auditor of the county where the lands are situate, 
to be by said County Auditor recorded. (R. S. 1881, § 4634; 
R. S. 1894, § 6133; R. S. 1897, § 6423.) 

441. Duty of County Auditors. 3. The Auditor of each 
of the said counties shall, upon said appraisements being filed as 
aforesaid, and when required so to do by the said Board of Trus- 
tees, offer for sale so much of the said lands as may be within 
their respective counties at public auction, in the manner here- 
inafter mentioned. R. S. 1881, § 4635 ; R. S. 1894, § 6134 ; R. S. 
1897, § 6424.) 

442. Notice of sale. 4. IsTotice of the time, place, and 
conditions of such sale shall be given by publication, for four 



278 SCHOOL LAW OF INDIANA. 

weeks suceessivel}' in a newspaper published in sneli county, if 
any there be ; if not, in a newspaper in this State published 
nearest thereto, and also by posting up written or printed 
notices thereof in three of the most public places in the town- 
ship) in which the lands are situated, and a like notice at the 
court house door at the county seat. (K. S. 1881, § 4l)oO ; R. S. 
1894, i^ 0185 ; K. S. 1897, ^ 0425.) 

443. Sale. 5. The place of sale for said lands shall be at 
tlie court lionse in each county of this State in which the said 
lands may be situated ; and it shall be tlie duty of the County 
Auditor to attend at the court liouse of his county at the time 
mentioned in the notice of the sale of said lands, and offer for 
sale at public auction, in legal subdivisions, and as near as prac- 
ticable in half-quarter sections, all the lands lying w^ithin his 
county; and, for that purpose, he shall continue the sale from 
day to day, until all of the said lands shall have been ottered for 
sale. (R. S. 1881, § 4637 ; R. S. 1894, § G136 ; R. S. 1897, § 6426.) 

444. Terms of sale. 6. The said lands shall be ottered 
for sale at the time and place mentioned in such publication, 
and struck ott' to the highest bidder by said County Auditor 
and County Treasurer, for a price not less than the appraised 
value thereof — one-fourth of the purchase money to be paid in 
hand, and the remaining three-fourths at the expiration of ten 
years from the date of such sale, wnth interest annually in ad- 
vance, at the rate of seven per cent, per annum, upon the resi- 
due or deferred payment. (R. S. 1881, § 4638 ; R. S. 1894, § 6137 ; 
R. S. 1897, § 6427.) 

445. Private entry. 7. When any of said lands, ottered 
at public sale as aforesaid, shall remain unsold, they shall be 
subject to private entry wnth the County Auditor and County 
Treasurer of each county, upon the same terms and conditions 
as lands sold at public auction, for a sum not less than the ap- 
praised value thereof, by any person ap[)lying to enter the same. 
(R. S. 1881, § 4639 ; R. *S. 1894, § 6138 ; R. s"! 1897, § 6428.) 

446. Certificate of purchase. 8. When any sale shall be 
ettected, cither at public or private sale as aforesaid, the County 
Auditor shall give to the purchaser thereof a certittcate, signed 
by him officially, bearing date on the day of sale, stating therein 



SCHOOL LAW OF INDIANA. 279 

the name of th©. purchaser, the tract or tracts of land purchased 
by him, the number of acres contained in said tract or tracts, 
the price per acre, and the whole sum for which the same was 
sold, the amount of principal paid, and the amount of interest 
paid in advance. (R. S. 1884, §4640; li. S. 1894, §61-39; R. S. 
1897, § 6429.) 

447. Certificate to be registered. 9. Said certificate 
shall he registered by the County Auditor in a book provided 
for that purpose, by entering in said book a correct copy 
thereof. (R. S. 1881, § 4641 ;~^R. S. 1894, § 6140; R. S. 1897, 
§ 6430.) 

448. Certificate assignable. 10. Said certificates of en- 
try shall be evidence of title to the land therein mentioned in 
the persons in whose names they shall issue, or their assigns, 
and shall be assignable, provided such assignments be acknowl- 
edged before the Auditor of the county wherein the land is sit- 
uated (who is hereby authorized to take such acknowledg- 
ments), and recorded by said Auditor in a book to be kept by him 
for that purpose ; for which service the said Auditor shall be en- 
titled to receive a fee of fifty cents, to be paid by the assignor 
of such certificate. (R. S. 1881, § 4642; R. S. 1894, § 6141 ; R. 
S. 1897, § 6431.) 

449. Forfeiture. 11. On failure of any purchaser to pay 
any installment of interest on said deferred payment of purchase 
money when the same becomes due, the contract shall become 
forfeited and the land shall immediately revert to the State for 
the use of said university, and the County Auditor shall forth- 
with proceed to sell the same in the manner and on the terms 
hereinbefore specified for said public sales. (R. S. 1881, § 4643 ; 
R. S. 1894, § 6142 ; R. S. 1897, § 6432.) 

450. Surplus. 12. If, on such subsequent sale, such lands 
sjiall produce more than is sufiacient to pay the sum owing there- 
for, with interest and costs and five per cent, damages upon the 
amount due on such lands, the surplus shall, w^hen collected, be 
paid over to the purchaser so forfeiting or his legal represepta- 
ti ve. (R. S. 1881, § 4644 ; R. S. 1894, § 6143 ; R. S. 1897, § 6433.) 

451. Forfeiture, how prevented. 13. At any time before 
such subsequent sale, payment of the sum due, with interest for 



280 SCHOOL LAW OF INDIANA. 

the delay, and all costs^, together with two per cent, damages 
upon the amount due on such lands, shall prevent such sale and 
revive the origiiuU contract. (R. S. 1881, §4645; R. S. 1894, 
§ 6144 ; R. S. 1897, § 6434.) 

452. Land, how redeemed. 14. The former owner ot any 
lands sold as del»inquent, his heirs, executors or administrators, 
may, at any time within one year after such resale, redeem the 
same by paying to the purchaser, his heirs or assigns, or to the 
County Treasurer, for him or them, the amount of purchase 
money paid by such purchaser, together with all subsequent 
payments, either of principal or interest, which such purchaser, 
or those claiming under him, may have made thereon, with in- 
terest at the rate of ten per cent, per annum. (R. S. 1881, § 4646 ; 
R. S. 1894, § 6145 ; R. S. 1897, § 6435.) 

453. Security. 15. The Board of Trustees may require 
security from the purchaser at any of said sales, sufficient to 
prevent any waste being committed upon the lands by the re- 
moval of timber therefrom, or otherwise. (R. S. 1881, §4647; 
R. S. 1894, § 6146 ; R. S. 1897, § 6436.) 

454. Suit for waste. 16. In case of any forfeiture as afore- 
said, the purchaser so forfeiting shall l)e liable and may be sued 
for unnecessary injury or waste done to such land, and damages 
to double the amount of such injury or waste recovered there- 
for — such suit to be begun and prosecuted by the Auditor of the 
county where the land lies, in the name of the State of Indiana, 
for the use of the said university. (R. S. 1881, §4648; R. S. 
1894, § 6147 ; R. S. 1897, § 6437.) 

455. Patent, on full payment. 17. On full payment being 
made for any such land the County Auditor shall issue to the 
purchaser, or his assignee, a final certificate therefor ; which, 
uiH)n presentation to the Auditor of State, shall entitle the 
owner thereof to a patent for the land described therein, to be 
issued bv the Governor and recorded in the office of the Secre- 
tary of State. (R. S. 1881, §4649; R. S. 1894, §6148; R. S. 
1897, § 6438.) 

1. By :m act of 18811 the trustees were authorized to sell certain lands in Ring- 
gold (\iunty, Iowa, owned by the university, and to execute a deed therefor.— 
Acts 1889, p. 255. 



SCHOOL LAAV OF INDIANA. 281 

456. Auditor's report. 18. The County Auditor shall 
make, on the lirst Monday of each month, a report of his sales 
of said lands to the secretary of the Board of Trustees and to 
the Auditor of State, showing the date of sale, the description 
of the lands sold from time to time, the number of acres, the 
price per acre, the total amount each tract sold for, the amount 
of principal paid and the amount of interest paid, and of all 
forfeitures, re-sales and redemptions thereof. (R. S. 1881, §4650 ; 
R. S. 1894, § 6149 ; R. S. 1897, § 6439.) 

457. Treasurer's report. 19. The County Treasurer shall 
make a report, on the first Monday of each month, to the treas- 
urer of the Board of Trustees of the university and to the Treas- 
urer of State, of all moneys received by him, whether principal 
or interest, on account of such lands; and the said Board of 
Trustees shall require the books of their secretary and treasurer 
to be so kept as to exhibit the true condition of the accounts 
of all such purchases and sales of the said lands. (R. S. 1881, 
§ 4651 ; R. S. 1894, § 6150 ; R. S. 1897, § 6440.) 

458. To pay money to State Treasurer. 20. The County 
Treasurer shall, on the first Monday of each month, pay over 
to the Treasurer of State all sums received on account of the 
principal of the purchase money of said lands, and shall pay to 
the treasurer of the Board of Trustees of the university all 
sums received on account of the interest u^^on the purchase 
•money of the said lands. (R. S. 1881, §4652; R. S. 1894, 
§ 6151 ; R. S. 1897, § 6441.) 

459. Pay of Auditor and Treasurer. 21. The several 
County Auditors and Treasurers shall receive for their services 
the same compensation which may, from time to time, be al- 
lowed by law for similar services in relation to the sale of com- 
mon school lands, which shall be in full for all their services 
required by tin's act. (R. S. 1881, §4653; R. S. 1894, §6152; 
R. S. 1897, § 6442.) 

460. LoanSc 22. The Auditor of State shall loan out the 
said principal of the moneys received from the several County 
Treasurers on account of said sales, in the same manner, and 
requiring the same security, as other j)ortions of the university 



282 POIIOOL LAW OF INDIANA. 

i'uiul is now (M* iiuiy horoaftor be roquiivd by law to he IoiuumI 
out, and slmll pay ovor to tlio treasurer of (lie Uoard of ^Prustees 
(he in(ert'st (Icr'ned from said priueijial, as a part of the ineouie 
oi' (he uni\ersi(y. The said Auditor of State sliall, in his an- 
nual ri^poii (o (he Legishitnre, report the names of the borrow- 
ers of (lie whole o[' (he universi(y fund, the amount borrowed 
by eaeh, and the total amount on h>an at tlie date thereof, and 
(lie auionnt of the snpended debt, if any, and in whose name 
forfeited. (II. S. 1881, i^ 4054 ; K. 8. 181)4, §0158; R. S. 1807, 
§ (i448.) 

461. Disposition of proceeds. 2;1. Of the iirst proceeds of 
said sum, (he saitl Uoard o(" 'rrus(ees shall be entitled to receive 
an amount etjual to the amount of interest belong-ino- to the 
university and loaned out as jirineipal by the Auditor of State, 
as shown hy the re[>ort ol' (hat otlieer to the (general Assembly 
at (he session of 1851-2; whieh shall be paid to the treasurer of 
the l>oard o[' Trustees of the university, and be applied, under 
(lie order ot" (he r>oard o(' Trustees, to the diseharo-e of the debts 
iii'owiiii;- out of the rebuilding of the university, and to the pur- 
chase of a suitable library, jdiilosophieal apparatus therefor, or 
proper furniture, in place of those destroyed by the burning- of 
(he university. (K. S. 1881, § 4055; E. 8. 18!U, § (5154; R. S. 
1807, § 0444.) 

462. Report of sales. 24. The Board of Trustees shall, 
in their annual re})ort, include a full statemenr ot" the amount 
of the sales of such lands, ami the application of the funds 
received therefor, as reported to them, from time to time. (^1\. S. 
1881, § 4050; K. S. 1894, i^ 0155: R. S. 1807, ^ 0445.) 

463. One Trustee to attend sales. 25. One member of 
the l>oard of Trustees, to be designated by the board, shall attend 
to the public sales of the said lands, to prevent combimitions 
injurious to the interests of the university; and he shall have 
power to Avithdraw the said lands, or any portion thereof, from 
sale, when, in his judgment, the interests of the university would 
be thereby promoted, anil shall have the power and right to 
designate and determine in what subdivisions any of the said 
lands may he sold, at the time of said public sale, for the best 



SCHOOL LAW OF INDIANA. 288 

interests of the said university. (R. S. 1881, § 4657 ; K. S. 1894, 
§ 6156 ; li. S. 1897, § 6446.) 

464. No member to deal in the lands. 26. No meniber 
of the Board of Trustees of the university shall, either directly 
or indirectly, become the purchaser of any sucli lands at any 
sale made by the County Auditor, or by private entry with tlie 
Auditor, after any forfeiture of purchase ; and any sale made to 
any member of the said board, contrary to the provisions of this 
section, shall be absolutely void, and the purchase-money, and 
interest which may have been paid thereon, shall be forfeited to 
the university fund. (R. S. 1881, § 4658; R. S. 1894, § 6157; 
R. S. 1897, § 6447.) 

465. Trustees to get information. 27. The commissioners 
of the university lands in Gibson and Monroe counties, and the 
several County Auditors and Treasurers of the counties in which 
any of the university lands are situated shall furnish such in- 
formation in relation to the lands and other property of the 
university, as may, from time to time, be required of them by 
the said Board of Trustees, and shall report, annually, the 
amount of unpaid purchase-money due on the lands sold for 
the use of the said university, in each of their counties. (R. S. 
1881, § 4659; R. S. 1894, § 6158; R. S. 1897, § 6448.) 

[1897, p. n7. Approved March 2, 1897. In force April 14, 1897.] 

466. State Treasurer collects loan. 1. The Treasurer of 
State shall proceed at once to collect all outstanding loans be- 
longing to the permanent endowment fund of the State Univer- 
sity, located at Bloomington, which may be due, and shall 
collect all other loans belonging to said fund, as fast as they 
become due, which money, together with all other moneys that 
come into the hands of said Treasurer, belonging to said fund, 
shall be immediately apportioned by the Auditor of State 'pro 
rata among the several counties in this State, according to 
jiopulation, as ascertained by the enumeration taken and made 
in the year 1895, for legislative apportionment, and that the 
Treasurer of State, immediately thereafter, pay the same to the 
several County Treasurers, according to said apportionment 
made by the said Auditor of State, and take their receipts 



•284 SlMUXU, 1,AW OV INHIANA, 

( luM'i^l'oi- ; and siMui-immiallv, on tlio lirsi day of Mav aiul No- 
xoinluM' ol oaoh yoar, tlio saitl Auditor o( State shall ap[>ortioii 
ilu> amount I'olUH'tod tlui'iuii' tlio priH'otlino; six luontlu^i, and the 
Troasui-oi- of Statt> shall pay tho sanio to the t'ospootivo County 
'I'l'oasurors as aho\i* |>ro\ iiUnl. 

467. County Auditors loan. -. Tho said uionoys so ilis- 
tfihuiod and |>aid to said oountios, as provided l>y s^ootion ono 
[^\) ot'tiiis a<'t. shall bo loaned hy the Auilitors i>t' the ri^speetive 
evMinties in [\w same manner and on the same terms and I'oiuli- 
tivuis ai\il under the saine restrietions, subjeet to the same limi- 
tations, ami said loans shall be aii'ain eolleeted t'rom the bor- 
rower, us the Common Sehool t'unds are now loaned and eol- 
leeted. And the said several I'onnties shall be liable in the 
same manner and to the same extent, for the prinei[>al and 
interest oi' said fund, and tor the payment of the same, as they 
are now liable I\m- the payn\ent of the interest and prineipal o\' 
the C\>nunon Sv'hov>l tiu\ds. 

468. Auditor of State can not loan. '^. ri>e Auditor of 
State is hereby prohibited tVom makiuii' any further loans from 
Sttid fuml, and all money in his luuids belonti'iHii' thereto shall 
bo by the Auditor oi' State apportioned, and by the Treasurer 
of State paid to the several eonnties, where apportionmeut is 
made as provided in seetion one [\) o( this aet. 

469. Counties pay interest, t- fhe several eonnties of 
this State shall pay the iutert>st on said tiuul to the Tivasiuvr 
of State at the vsamo time and in the same n\anner as interest is 
now paid on the Sehool Fund, and saiil Treasurer of State shall 
at onee pay the satue to the Trustees of tho Indiana rniversity. 
and take proper roeeipts therefvM'. 

I. IXvNAinoN. An aot of 1S97 poriuitji donations 1\y any ivunty. city, town or 
to\vnshi|v to any State univomty sitnattnt within it, not oxi^vdinii- $:25,iXX> t'or tlio 
wuttty or city, and $10, (HH^ t'or tl»o township or town. Homts of thoivunty. towr. 
shijs *.*ity tikr towu uiav Ih> issutnl for that pnrpt»so, and a tax lovitnl to pav thoui. 
Acts liSliV, p, 4a, 

a, Sik,l.K ftr Oia> rNlVKKJNVTY SlTK, Bj' an »»VA ol Kn^V iho l"ru-^v\-v. ;>.vi>,>iu» 
I'nJv^^rsUy wort^ eintH»wei"*Ht to st^U wrt»Ju land in the oity of Bl^x^minjitton, or 
(dal a»ul sell it, oniv tl»o sito wit the ruivemtv buiUHn^ known as '"Seminary 
8yuan\" - Acts l^'i>7, jk ^ . • 



SGllOOJi LAW UF INDlANAo 



285 



CHAPTER XXL 



PUKDUE UNIVKUSITY. 



Sicc 




Sko 


470. 


Agricultural eollogc serip. 


482. 


471. 


Tho first Trustees, iind orlKiiiiil ii;iiiic. 


48;5. 


472. 


Sale iiiid investment of scrip. 


•m. 


47:5. 


l^oiialions accepted. 


iHT). 


474. 


Lofwition. 


4m. 


475. 


Purdue University — Pertnancnt niiine. 


487. 


47c.. 


('orporato name — Powers and duties of 
Trustees. 


488. 


477. 


Dedication of street. 


489. 


47H. 


Power to dedicate. 


4!)0. 


479. 


Priviiepres of .John Purdue. 


491. 


4.SO. 


Amendment or re|>eal. 


492. 


481. 


Appointment of Trustees. 





Term of offico. 

Va,(tarici(!S, liow filled. 

OffKujrs — Treasurerls i)oiid iiiid duties. 

<'ouiity students, 

Stuilcnts. 

Investment of fund. 

(Jift to esta,l)lisli JristiliiU: af 'Vi:<-U- 

noloKy. 
I''armors' Institutes. 
1'imo and jiiaco of lioidiriK instil iilcs. 
Api)ro|)riation. 
Aceepta.nce of United States grarjt. 



[18&5, p. 100. Approved and in force March 0, Wfij.] 

470. Agricultural college scrip. 1. Tho Stutooflndiuna 
accepts and claims tlie benefits of the provisions of the acts of 
Congress, approved July 2, 1862, and April 14, 1804, and assents 
to all the conditions and provisions in said acts contained. 11. S. 
1881, § 4662; K. H. 1894, § 6167 ; K. H. 1897, § 64.'35.) 

1. CoNOKEiisiONAL LjEGiSLATiON. The acts of Congress referred to in lliis 
section will be found in the acts of 18()5 (p. 100), .set out at length in tiie 
l)reanible. 

471. The first Trustees, and original name. 2. 'IMie 
Governor of this State, for the time being, and Alfred I'olhird 
of Gibson, tSniith Vawter of Jennings, Henry Taylor of Tip[)e- 
canoe, and Lewis Burk of Wayne, and their successors, are 
created a body corporate, under the nanie of "The Trustees of 
th(! Indiana Agricultural College." (11.8.1881,^5 4663; U. H. 
1894, i5 6168; K. S. 1897, ^5 6456.) 

472. Sale and investment of scrip. 5. Said trustees 
shall, by the hand of thi'ir treasurer, elaiiii and receive from 
th(; Secretary of the Interior the land scrip to which this State 
is entitled by the provisions of said acts of (/ongress; and, 
under th(!ir dire(;tion, said treasurer shall sell the sauK;, in 
such mauner and at 8uch times as shall be most advantageous 



286 SCHOOL LAW OF INDIANA. 

to the State, and shall invest the proceeds thereof, and any in- 
terest that may accrue thereon, in. the stocks of the United 
States, or of this State, yielding not less than live per centum 
per annum, upon the par value of the stocks; and said princi- 
pal and interest shall continue to be so invested, until further 
provision shall be made by the General Assembly of this State 
for fulfilling tlie requirements of said acts of Congress. (R. S. 
1881, § 4664; R. S. 1894, § 6169 ; R. S. 1897, § 6457.) 

[1869 S., p. 24. Approved and in force May 6, 1869.] 

473. Donations accepted. 1- The donation offered by 
John Purdue, as set forth and communicated to the present 
General Assembly in the message of the Governor, on the six- 
teenth day of April, 1869, and the donations offered by the 
county of Tippecanoe, the trustees of the Battle-Ground Insti- 
tute, and the trustees of the Battle-Ground Institute of the 
Methodist Episcopal Church, as set forth and communicated to 
the General Assembly, at its last session, in the message of the 
Governor, of the twenty-seventh day of January, 1869, are 
hereby accepted by the State of Indiana. (R. S, 1881, § 4665 ; 
R. S. 1894, § 6170 ; R. S. 1897, § 6458.) 

1. The appropriation made by Tippecanoe County in 1869 was rendered valid 
by this section. Marks v. Trustees, etc., 37 Ind. 155. 

474. Location. 2. The college contempUxted and provided 
by the act of Congress, approved July 2, 1862, entitled "An act 
donating public lands to the several States and Territories which 
may provide colleges for the benefit of agriculture and the me- 
chanic arts," is hereby located in Tippecanoe County, at such 
point as may be determined before the first day of January, 
1870, by a majority vote of the trustees of the Indiana Agri- 
cultural College ; and the faith of the State is hereby pledged 
that the location so made shall be permanent. (R. 8. 1881, 
§ 4666; R. S. 1894, § 6171; R. S. 1897, § 6459.) 

475. Purdue University — Permanent name. 3. In con- 
sideration of said donation by John Purdue, amounting to one 
hundred and fifty thousand dollars, an<l of the further donation 
of one hundred acres of land appurtenant to the institution:. 



SCHOOL LAW OF INDIANA. 287 

and on condition that the same be made effectual, the said in- 
stitution, from and after the date of its location as aforesaid, 
Bhall have the name and style of " Purdue University ; " and the 
faith of the State is hereby pledged that said name and style 
sliall be the permanent designation of said institution, without 
addition thereto or modification thereof. (R. S. 1881, § 4667 ; 
K. S. 1894, § 6172 ; R. S. 1897, § 6460.) 

476. Corporate name — Powers and duties of Trustees. 

4. From and after the date of the location made as aforesaid, the 
corporate name of the Trustees of the Indiana Agricultural Col- 
lege shall be " Tlie Trustees of Purdue University " ; and they 
shall take in charge, have, hold, possess, and manage, all and sin- 
gular, the property and moneys comprehended in said donations, 
as also the fund derived from the sale of the land scrip donated 
under said acts of Congress, and the increase thereof, and all 
moneys or other property which may hereafter at any time be 
donated to and for the use of said institution. They shall also 
have power to organize said University in conformity with the 
purposes set forth in said acts of Congress, holding their meet- 
ings at such times and places as they may agree on, a majority 
of their number constituting a quorum. They shall provide a 
seal ; have power to elect all professors and teachers, removable 
at their pleasure ; fix and regulate compensations ; do all acts 
necessary and expedient to put and keep said university in oper- 
ation ; and make all by-laws, rules, and regulations required or 
proper to conduct and manage the same. (R. S. 1881, § 4668 ; 
R. S. 1894, § 6173 ; R. S. 1897, § 6461.) 

1. Students Must Submit to Kules. A student is required to submit to 
any proper rule necessary for the good government of the institution. — State v. 
Wiiite, 82 Ind. 278. 

2. Qualifications fob Admission. The faculty can not make membership 
of a Greek-letter fraternity or other college secret society a disqualification for 
admission. ^State v. White, 82 Ind. 278. 

.3. Race or Colok. Students can not be expelled on account of race or 
color. — Corey v. Carter, 48 Ind. 327. 

[1893, p. 36. Approved and in force February 17, 1893.] 

477. Dedication of street. 1. The Trustees of Purdue 
University are hereby empowered to dedicate for a public street, 
adjoining the town of West Lafayette, Indiana, a strip of land 



288 SCHOOL -LAW OF INDIANA. 

thirty feet in width, and described as follows : beginning at the 
southeast corner of the hinds owned by said university, and run- 
ning thence north along the east side of said university lands to 
the State road, a distance of about thirteen hundred and fifty 
feet. R. S. 1894, § 6183 ; R. S. 1897, § 6472.) 

478. Power to dedicate. 2. That the Trustees of Pur- 
due University are hereby empowered to dedicate for public 
streets such strips of lands extending through or along the 
grounds owned by said university as they may deem for the best 
interest of said university. (R. S. 1894, §6184; R. S. 1897, 
§ 6473.) 

[1869, S., p. 24. Approved and in force May 6, 1869.1 

479. Privileges of John Purdue. 5. In further considera- 
tion of his said donation, John Purdue shall, from and after the 
taking effect of this act, be added as a member of said trustees 
of the Indiana Agricultural College, and he shall also be a mem- 
ber of said trustees of Purdue University. Should he, at any 
time, cease to be such member, he shall be continued as an advis- 
ory member of said trustees ; and he shall, during his lifetime, 
have visitorial power, for the purpose of inspecting the property, 
real and personal, of said universit}'', recommending to the trus- 
tees such measures as he may deem necessary for the good of 
the university, and investigating the financial concerns of the 
corporation. And he is authorized to make report of his exam- 
ination, inspection, and inquiries, to the General Assembly, at 
any session thereof. (R. S. 1881, §4669; R. S. 1894, §6174; 
R. S. 1897, § 6462.) 

480. Amendment or repeal. 6. This act shall be subject 
to future amendment or repeal, except so fiir as it provides for 
the acceptance of donations, the location of the college, the 
name and style thereof, and the rights and privileges conferred 
upon John Purdue. (R. S. 1881," § 4670; R. S. 1894, § 6175; 
R. S. 1897, § 6463.) 

[1875, p. 120. Approved March 9, 1875, and in force August 24, 1875.] 

481. Appointment of Trustees. 1. U} ton the taking efifect 
of this act, it shall be the duty of the Grovernor of this State to 
appoint six trustees for the Purdue University, two of whom 



SCHOOL LAW OF INDIANA. 289 

phall be nominated by the State Board of Agriculture, one Ijy 
tlie State Board of Horticulture, and three selected by the Gov- 
ernor hiniself^each of said trustees to be appointed from a 
difl-'erent congressional district from the others, except that two 
may be appointed from tlie same congressional district in Avhidi 
said university is situate. (R. S. 1881^ § 4671 ; R. S. 1894, § 6176 • 
Ti. S. 1897, § 6464.) 

482. Term of oiSce. 2. The persons so appointed shall 
constitute the Board of Trustees of said university, and shall hold 
their offices as follows: Two members of the first board shall 
liold their offices for one year and until their successors are 
appointed; two for two years, and two for three years; and at 
the expiration of the term of office of any of the members of the 
first or any subsequent board, their successors shall be appointed 
in like manner, and with like nomination, as provided in this 
act, to hold their offices for the term of three years, and until 
their successors are appointed. (R. S. 1881, § 4672 ; R. S. 1894, 
§ 6177; R. S. 1897, § 6465.) 

483. Vacancies, how filled. 3. If, from any cause, a 
vacancy occur in said board, the same shall be filled, by appoint- 
ment, to fill the unexpired term, the person appointed to fill 
such vacancy being nominated and appointed, or appointed, in 
the same m«nner as his predecessor had been at the commence- 
ment of such term. (R. S. 1881, § 4673; R. S. 1894, § 6178- 
R. S. 1897, § 6466.) 

[1891, p. 34. Approved and in force February 26, 1891.] 

484. Officers— Treasurers' bond and duties. 4. Said 
trustees shall, at their first meeting after their appointment, and 
every two years thereafter, choose a president of said board ; 
and they shall, at such meeting, and every two years thereafter, 
and whenever a vacancy occurs, elect, by ballot, a secretary and 
treasurer, neither of whom sliall be a member of the board 
whose compensation shall be fixed by the trustees. The said 
treasurer shall give such bond to the State of Indiana in any 
sum not less than fifty tliousand dollars for the faithful execu- 
tion of his trust, with sufficient sureties as said trustees may re- 
quire; and he shall receive, take charge of, and, under the di- 
rection of said trustees, manage all [the] stocks and funds 

19— ScH. Law. 



290 SCHOOL LAW OF INDIANA. 

l)eloiiging to said university. (R. S. 1881, § 4674; E. S. 1894; 
§ 6179; K. S. 1897, 6467.) 

11877, S. p. 60. Approved and in force March 12, 1877.] 

485. County students. 1. The Board of Commissioner^^ 
of each county in this State may appoint, in such manner as it 
may choose, two students, or scholars, to Purdue University, 
who shall be entitled to enter, remain, and receive instruction in 
the same, upon the same conditions, qualifications and regulations 
prescribed for other applicants for admission to, or scholars in, 
said university : Provided, however, That every student admitted 
to said university by appointment, by virtue of this act, shall in 
nowise be chargeable for room, light, heat, water, tuition, jani- 
tor or matriculation fees ; and said student shall be entitled, in 
the order of admittance, to any room in the university then 
vacant and designed for the habitation or occupancy of a stu- 
dent ; and such student so admitted shall have ]3rior right to 
any such room, subject to the rules of the university, over any 
student not appointed and admitted as aforesaid, (li. S. 1884, 
§ 4675 ; R. S. 1894, § 6180 ; R. S. 1897, § 6468.) 

486. Students. 2. l^o more than two students at the same 
time from any one county shall be entitled to admittance to 
said university, under the provisions of this act. But the Board 
of Commissioners of each county may, from time to time, ap- 
point as aforesaid, to any vacancy in its appointments. (R. S. 
1881, § 4676 ; R. S. 1894* § 6181 ; R. S. 1897, § 6469.) 

[1881 S., p. 585. Approved and in force April 14, 1881.] 

487. Investment of fund. 1. The trustees of Purdue 
University, by their treasurer, are hereby authorized, on or after 
the lirst day of April, 1881, to surrender to the Treasurer of 
State the bond executed to said university by the State of In- 
diana, bearing date April 1, 1878, and payable, in the sum of 
|two hundred thousand dollars, on April 1, 1881 ; and a like 
bond executed by the State to said university, dated April 1, 
1879, and payable, in the sum of one hundred and twenty-five 
thousand dollars, on April 1, 1884; and also to pay, out of the 
proceeds of the United States five per cent, bonds now held bj' 
said university (which said trustees are hereby empowered to 



SCHOOL LAW OF INDIANA. 291 

pell), the sum of fifteen thousand dollars to said Treasurer of 
State; who, thereujDon, is hereby directed to issue and deliver 
to said treasurer of Purdue University a non-negotiable bond 
of the State of Indiana, to be signed by the Governor and State 
Treasurer, and attested by the Secretary of State and the State 
seal (the same to be dated April 1, 1881, and payable, twenty 
years after its date, to the trustees of Purdue University and 
their successors, with interest at the rate of five per cent, per 
annum, payable quarterly after date of the bond), all for the use 
of Purdue University — said bonds surrendered, and fifteen thou- 
sand dollars paid, constituting the endowment fund of said uni- 
versity derived from the gift of the United States. (R. S. 1881, 
§ 4677 ; R. S. 1894, § 6182 ; R. S. 1897, § 6470.) 

[1889, p. 351. Approved and in force March 9, 1889.] 

488. Gift to establish Institute of Technology. 1. When- 
ever any individual or individuals shall give, donate or bequeath 
a sum of money or other valuable property for the purpose of 
establishing an Institute of Technology or other special schools 
in connection with Purdue University in and on the grounds 
of said university, the trustees of said university are hereby 
authorized and empowered to accept such donation, gift or be- 
quest for and on behalf of the State of Indiana for such insti- 
tute on such terms as may be agreed upon by and between sm-h 
trustees and said donor or donors or devisior [devisor] ; and the 
said trustees are hereby authorized to establish, maintain and 
0})erate such an institution i:^ connection with Purdue Univer- 
sity : Provided, That such Institute of Technology shall be 
freely open to students upon the same terms upon which Purdue 
University is open to students. And, provided, That nothing in 
this act shall enable or authorize said trustees to make any con- 
tract with said donor or donors by which any debts shall be 
created be^^ond or above current legislative appropriations to 
the university. And, provided, further. That the terms upon 
which such donations are received and accepted shall not be 
effective unless the same are endorsed and approved by the Gov- 
ernor of the State of Indiana. (R. S. 1894, § 6185; R. S. 1897, 
S 6471.) 



292 SCHOOL LAW OF INDIANA. 

ri889,p.273. Approved March 9, 1889, and in force May 10, 1889.] 

489. Fanners' Institutes. 1- It is hereby made the duty 
of the Committee of Experimental Agriculture and Horticul- 
ture of the Board of Trustees, together with the faculty of the 
School of Agriculture of Purdue University, to appoint, before 
I^ovember 1st of each year, suitable persons to hold in the sev- 
eral counties of this State, between the 1st day of November 
and the 1st day of April of each year, county institutes for the 
purpose of giving to farmers and others interested therein in- 
struction in agriculture, horticulture, agricultural chemistry and 
economic entomology. (R. S. 1894, § 2809 ; R. S. 1897, § 2859.) 

490. Time and place of holding Institutes. 2. Such in- 
stitutes shall be held at such times and places as said committee 
and faculty may determine, and under such rules, regulations 
and methods of instruction as they may prescribe: Provided, 
however, That such institutes shall be so conducted as to give 
those attending the results of the latest investigations in theo- 
retical and practical agriculture and horticulture. (R. S. 1894, 
§ 2810 ; R. S. 1897, § 2860.) 

491. Appropriation. 3. For the purpose of carrying out 
the provisions of this act, paying the salaries of instructors and 
other necessary expenses, the sum of five thousand dollars is 
hereby appropriated, to be expended under the direction of the 
said committee of said Board of Trustees, and they shall an- 
nually report such expenditures and the purposes thereof to the 
Governor. (R. S. 1894, § 2811 ; R. S. 1897, § 2861.) 

1. This appropriation is repealed after the July apportionment of 1896. 
[1891, p. 483. Approved and in force March 7, 1891.] 

492. Acceptance of United States grant. 1. Whereas, 
an act of Congress, approved August 30, 1891, entitled an act to 
apply a portion of the proceeds of the public lands to the more 
complete endowment and support of the colleges for the benefit 
of agriculture and the mechanic arts, established under the pro- 
visions of an act of Congress, approved Jul}^ 2, 1862, provides, ' 
among other things, that the grants of moneys, authorized by 
this act, are made subject to the legislative assent of the several 
States and Territories to the purpose of said grants : Provided, * 



SCHOOL LAW OF INDIANA. 293 

That the payments of such installments of the appropriation 
herein made, as shall become due to any State before the ad- 
journment of the regular session of the Legislature meeting 
next after the passage of this act, shall be made upon the assent 
of the Governor thereof, duly certified to the Secretary of the 
Treasur}^; therefore. 

Be it resolred by the State of Indiana, That the legislative assent 
be, and the same is hereby, given to the purpose of said grant, 
and Purdue University is hereb}^ designated as the agricultural 
college entitled to the said grant. 



CHAPTER XXII. 

TAX FOE INDIANA AND PURDUE UNIVERSITIES AND STATE 
NORMAL SCHOOL. 

Sec. I Sec. 

493. Amount of tax— Division. I 494. Repeal of General appropriation— Per- 

I manent fund not affected. 

[1895, p. 171. Approved and in force March 8, 1895.] 

493. Amount of Tax — Division. 1. There shall be as- 
sessed and levied upon the taxable property of the State of In- 
diana, in the year one thousand, eight hundred and ninety-five 
(1895), and in each year thereafter, for the use and benefit of 
the Indiana University, Purdue University, and the Indiana 
State Xormal School, to be apportioned and distributed as here- 
inafter in this act provided, a tax of one-sixth (l) of one mill 
on every dollar of taxable property in Indiana, to be levied, 
assessed, collected and paid into the treasury of the State of 
Indiana in like manner as other State taxes are levied, assessed, 
collected and paid. And so much of the proceeds of said levy 
as may be in the State Treasury on the first day of July and 
the first day of January of each year, shall be immediately 
thereafter paid over to the Boards of Trustees of the respective 
institutions for which the tax was levied, to be distributed and 
apportioned among them severally upon the basis as follows, 
viz. : To the said Trustees of Indiana University upon the 
basis of one-fifteenth (1-15) of one millj to the Trustees of 



294 SCHOOL LAW OF INDIANA. 

Purdue University upon the basis of one-tweutietli (1-20) of 
one mill, and to the Trustees of the Indiana State N'ormal 
School upon the basis of one-twentieth (1-20) of one mill on 
every dollar of taxable property in Indiana, and the Auditor 
of State of the State of Indiana is hereby directed to draw a 
proper warrant therefor. (R. S. 1897, § 6474.) 

494. Repeal of General Appropriation — Permanent fund 
not affected. 2. All moneys due said institutions respect- 
ively, in accordance with any State law heretofore enacted, or 
that may hereafter be enacted, making annual appropriations 
thereto for maintenance, shall be paid to the respective institu- 
tions for the fiscal year 1895-6 and not thereafter. It being the 
intent that the moneys appropriated by the first section of this 
act shall from and after the date of the first payment thereof be 
paid in lieu of the moneys described in this section : ProDidcd, 
That nothing in this act shall aiFect in any way any permanent 
fund that may belong to or may have been appropriated for 
either the Indiana University or Purdue University, named in 
this act, and that the proceeds of this tax accruing to Indiana 
University shall be used for maintenance. And 'provided far- 
ther. That no part of the school revenue for the State shall be 
deducted or set apart to the Normal School fund after the July 
apportionment for the year one thousand eight hundred and 
ninety-six (1896). (P. S. 1897, § 6475.) 

1. The effect of the two preceding sections is to repeal section 4556 after the 
July apportionment of 1896; and to repeal, after the fiscal year 1895-6, the ajjpro- 
priation of two thousand dollars provided in section 4558. 

2. These sections do not repeal sections 4661a and 4661f, providing for an en- 
dowment fund for the State University ; but it does repeal, after the fiscal year 
1895-6, sections 4660 and 4661, making annual appropriation for the University. 

3. The appropriation of five thousand dollars provided for by section. 4677d 
is repealed after the July apportionment of 1896. 



SCHOOL LAW OF INDIANA. 



295 



CHAPTER XXIII. 



STATE LIBEAEY. 



Sec. 




Sec 


495. 


Management. 


507. 


496. 


Election of Librarian. 


508. 


497. 


Term of office. 


509. 


498. 


Bond of Librarian. 


510. 


499. 


Library— When to be open. 


511. 


500. 


Removal of books forbidden. 


512. 


501. 


Who may use library. 


513. 


502. 


Use not transferable— Penalty. 


514. 


503. 


Catalogue. 


515. 


504. 


Fines. 


516. 


505. 


Purchasing Board— Appropriation. 


517. 


506. 


Laws and law books. 





Collection and binding of documents. 

Preservation of laws and journals. 

Legislative papers. 

Exchanges. 

Embezzlement. 

Missing books. 

Salaries. 

Report. 

Removal of Librarian or assistants. 

Removing books — Misdemeanor. 

Injui-y to. books— Penalty. 



[1895, p. 234. Approved March 11, 1895. In force June 28, 1895.] 

495. Management. 1- The management and control of 
the State Library shall be vested in the State Board of Educa- 
tion, which shall constitute, for library purposes, the State 
Library Board. (R. S. 1897, § 8085.) 

496. Election of Librarian. 2. The State Library Board 
shall before the first day of April in the year of 1897, elect a 
State Librarian, whose term of office shall begin April 1, 1897, 
and who shall serve until his successor is elected by the said 
State Library Board. (R. S. 1897, § 8086.) 

497. Term of office. 3. The term of office of the State 
Librarian shall be two years, and he shall appoint his assistants 
by and with the advice and consent of the State Library Board. 

(R. S. 1897, § 8087.) 

498. Bond of Librarian. 4. The Librarian shall, before 
entering on his duties, give bond and securit}^ to the acceptance 
of the Secretary of State, in the penal sum of two thousand 
dollars ; which bond shall be filed in the office of the Secretary 
of State. (R. S. 1897, § 8088.) 

499. Library— When to be open. 5. The library shall be 
kept open every day (Sunday, Fourth of July and other legal 
holidays excepted) during the session of the Legislature from 



296 SCHOOL LAW OF INDIANA. 

nine oV'lot'k until six, and, during the recess, from nine o'eloek 
until four. (K. 8. 1897, i^ 8089.) " 

500. Removal of books forbidden. 6. The State Libra- 
rian shall not j>erniit any hook, nnigazine, or work of any kind, 
fo he taken from the library rooms, except temporarily, by the 
Judges of tlie Supreme C\)urt of the State of Indiana, of the 
United States Court, otticers of the State, members and officers 
of the General Assembly, when required in the discharge of 
their official duties. But in no case shall any such book, maga- 
zine or work, be taken outside of the Capitol building. (R. S. 
1897, §8090.) 

501. Who may use library. 7. Said library shall be for 
the use of the members and officers of the Legislature, all State 
officers, judges of the ccnirts of the LTnited States and of this 
State, attorneys, editors, clergymen, physicians, professors, and 
teachers in literary or scieutitic institutions. Superintendent of 
Public Instruction, members of the State l)oard of Agriculture, 
officers of benevolent institutions. Clerk of the Supreme Court, 
County Clerks, Treasurers and Recorders, and all other persons 
who have been at any time entitled, by law, to the use of such 
library, and such strangers as the Librarian may be willing to 
intrust with books at his own risk, when any of them shall be 
at the seat of government. (R. S. 1897, § 8091.) 

502. Use not transferable — Penalty 8. It shall not be 
lawful for any one having the use of the library to cause or per- 
mit another not having such use to draw books, except for the 
use of the persons first mentioned. Any person so offiuiding 
shall be liable to a penalty of five dollars for each oifense. [ 11. 
S. 1897, § 8092.) 

503. Catalogue. 9. The Librarian shall keep proper books, 
in which he shall make entry of all books taken out, designat- 
ing the names of the individuals taking the same ; also, of books 
returned, and of all fines and penalties assessed and collecteil 
under the provisions of this act. He shall also keep a complete 
catalogue of the library, and shall, from time to time, add 
thereto all bot)ks purchased, ami erase therefrom all books lost 
or destroyed. (R. S. 1897, § 8093) 



SCHOOL LAW OF INDIANA. 297 

504. Fines. 10. The Librarian .shall collect all fines and. 
forfeitures accruing to the State Librajy, by suit or otherwise, 
and pa}' the same to the Treasurer of State, taking his receipt, 
and filing the same in the office of the Auditor of State, who 
shall charge the same to account of Treasurer of State, for the 
use of librarj. (R. S. 1897, § 8094.) 

505. Purchasing Board — Appropriation. 11. The State 
Libraiy Board shall be, and is hereby, constituted the Purchas- 
ing Board of the State Library. The State Librarian shall act 
as secretary of said Board and preserve minutes of their meet- 
ings and their official actions. Any three members of said 
Board shall constitute a quorum for the transaction of business. 
It shall be the duty of said Purchasing Board to decide what 
books, maps, charts and other instruments of knowledge shall 
be purchased for said library ; to supervise and direct the ex- 
penditure of all appropriations for the purchase and binding 
of books, and to report biennially to the Legislature the condi- 
tion and wants of the library. It shall n©t be lawful for the 
Librarian to make any purchase of books, maps, charts or any 
other instruments of knowledge, except on the direction of said 
Purcliasing Board. There is hereby appropriated, to be paid 
out of the general fund of the State Treasury, the sum of one 
thousand dollars annually, to be expended during the year be- 
ginning April 1, 1895, for the purchase and binding of books 
for the" State Library. (R. S. 1897, § 8095.) 

506. Laws and law books. V2. All laws and law books 
and all legislative journals and documents shall be kept sepa- 
rate from the rest of the library. (R. S. 1897, § 8096.) 

507. Collection and binding of documents. 13. The Li- 
brarian shall collect annually and preserve duplicate copies of 
the messages of the President of the United States and of the 
Governors of the States ; report of heads of departments of the 
general and State governments, of the committ'Ce of ways and 
means of the several States, and of the committees of Congress 
on general subjects ; also copies of the reports and proceedings 
of public societies for the promotion of agriculture, the mechanic 
arts, history and literature, all of which may be bound. (R. S. 
1897, § 8O9V.) 



298 SCHOOL LAW OF INDIANA. 

508. Preservation of laws and journals. 14. The Li- 
brarian shall select from the journals and laws belonging to the 
State twenty copies of the journals of the House for each year, 
ten copies of the journals of the Senate, ten copies of the doc- 
umentary journals, thirty copies of the general laws and fifteen 
copies of the local laws for each year, and keep the same for 
use in the library; and shall carefully preserve, in books or 
otherwise, all remaining copies of the same. (R. S. 1897, 
§ 8098.) 

509. Legislative papers. 15. The Librarian shall have 
charge of the legislative papers, which shall be delivered to 
him at the close of each session, by the Secretary of the Senate 
and the Clerk of the House, and shall keep in good order all 
bills introduced in either branch of the General Assembly, all 
petitions, memorials and remonstrances, each in its appropriate 
files, keeping the files of each house separately. (R. S. 1897, 
§ 8099.) 

510. Exchanges. 16. The Librarian may exchange, for 
the benefit of the State Library, any duplicate, imperfect, dam- 
aged or other work not w^anted for use in the library. The li- 
brarian may also, wnth the consent of the State Library Board, 
sell sucli works for the benefit of the State Library. The 
Librarian shall keep an accurate account of all exchanges and 
sales, stating what books have been parted with and what re- 
ceived, what sold and for wdiat price, and report the same to 
the Legislature at each session. He shall be charged and ac- 
count for all books received in exchange and all moneys re- 
ceived for sales. (R. S. 1897, § 8100.) 

511. Embezzlement. 17. If the Librarian shall appro- 
priate to his own use or dispose of any of the books in the law 
or any other department of the State Library, or the proceeds 
of any exchanges or sales of books, or knowingly make any 
false reports thereof, contrary to the provisions of this act or 
the act to which it is an amendment, he shall be deemed guilty 
of a misdemeanor and fined not less than five nor more than 
one thousand dollars, and shall forfeit and be deprived of his 
office. (R. S. 1897, § 8101.) 



SCHOOL LAW OF INDIANA. 299 

512. Missing books. 18. It shall be the duty of the li- 
brarian, iu his annual report, to report the names of those who 
have obtained books from the library during the current year 
and have not returned them, and also the titles of the works 
not returned. (R. S. 1897, § 8102.) 

513. Salaries. 19. The salary of the State Librarian shall 
be hfteen hundred dollars per year. He shall appoint two as- 
sistants ; the salary of the first assistant shall be eleven hundred 
dollars per year, and the salary of the second assistant shall be 
nine hundred dollars per year, and one janitor, whose salary 
shall not exceed six hundred dollars. (E. S. 1897, § 8103.) 

514. Report. 20. The Librarian shall report, at each ses- 
sion of the Legislature, the condition of the library, and a 
statement, by items, of expenditures made under this act. (R. 

S. 1897, § 8104.) 

515. Removal of Librarian or assistants. 21. The State 
Library Board shall have the power to remove, for cause, at any 
time, the State Librarian or any assistant employed in the 
library or any assistant employed in the Librarian's office. 

(R.'S. 1897, § 8105.) 

516. Removing books — Misdemeanor. 22. Any person 
guilty of a violation of the provisions of the preceding sections 
shall be deemed guilty of a misdemeanor, and shall, upon con- 
viction thereof, be fined in the sum of twenty -five dollars. (R. 

S. 1897, § 8106.) 

517. Injury to books — Penalty. 23. Any person injuring 
a book shall be liable for three-fold damage ; and if the book 
injured or lost be one vohime of a set he shall be liable for the 
whole set, but on paying for the same he may take the broken 
set. (R. S. 1897, § 8107^.) 



APPENDIX. 

CONSTITUTION OF THE STATE OF INDIANA. 

1851. 



HISTORICAL SKETCH. 



Bj an act of Congress, dated April 19, 1816, tlie inhabitants 
of the Territory of Indiana were authorized to form for them- 
selves a Constitution and State Government, which State, when 
formed, shoukl he admitted into the Union upon the same foot- 
ing with the original States. 

Under this act, the members of the convention were elected 
on the second Monday of May, 1816, met in convention, at 
Cory don, on the second Monday of June, 1816, and proceeded 
at once to form the Constitution, by the authority of Congress, 
without an ordinance of the Territory. 

The Constitution was completed on the twenty-ninth of 
June, 1816, unanimously adopted by the members of the con- 
vention — forty-three in number, and signed by all except one 
member from Clark County and one member from Warrick 
County. The Constitution went into effect upon its adoption 
by the members of the convention which formed it. The first 
session of the General Assembly, held by its authority, met at 
Corydon on the first Monday of JSTovember, 1816. The Consti- 
tution of 1816 remained in force, without amendment, until the 
first day of ISTovember, 1851. 

(301) 



302 APPENDIX. 

An act Avas passed January 15, 1849, "to provide for taking- 
tlie sense of the qnalitied voters of the State on the calling of a 
convention to alter, amend, or revise the Constitution of this 
State."' At an election held under authority of this act a large 
majority of all the votes cast was in favor of holding the con- 
vention. 

On the 18th day of January, 1850, the Legislature passed an 
act to provide for a convention of the people of the State of 
Indiana, ''to revise, amend, or alter the Constitution of said 
State." l>y the authority of this act delegates were elected. 
They assembled in convention at the Capitol, in the city of 
Indianapolis, on the tirst Monday in October, 1850, and com- 
pleted their hibors on the lOth day of February, 1851. This 
Constitution Avas ratiiied by the votes of the people. 

The iirst amendment to this Constitution was ratified Febru- 
ary 18, 1878, and related to the Wabash and Erie Canal. Other 
amendments were made March 14, 1881. 



PREAMBLE. 



To the end that justice be established, public order maintained, 
and liberty perpetuated : We, the people of the State of 
Indiana, grateful to Almighty God for the free exercise of the 
right to choose our own form of government, do ordain this 
Constitution. 

ARTICLE I. 

BILL OF RIGHTS. 

Section 1. We declare that all men are created equal: that 
they are endowed by their Creat^u- with certain unalienable 
rights ; that among these are life, liberty, and the pursuit of 
happiness; that all power is inherent in the people: and that 
all free governments are, and of right ought to be, founded on 
their authority, and instituted for their peace, safety, and avcU 
being. For the advancement of these ends, the people have 
at all times an iiulefeasible right to alter and reform their gov- 
ernment. 



CONSTITUTION OF THE STATE. 303 

Sec. 2. All men shall be secured in their natural I'ight to 
worship Almighty God according to the dictates of their own 
consciences. 

Sec. 3. No law shall, in any case whatever, control the free 
exercise and enjoyment of religious opinions, or interfere witli 
the rights of conscience. 

Sec. 4. No preference shall be given, by law, to any creed, 
religious society or mode of Avorship ; and no man shall be 
compelled to attend, erect or support any place of worship, or 
to maintain any ministry against his consent. 

Sec. 5. No religious test shall be required as a qualification 
for any office of trust or profit. 

Sec. ii. No money shall be drawn from the treasury for the 
benefit of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a Avit- 
ness, in consecpience of his opinion on matters of religion. 

Sec. 8. The mode of administering an oath or affirmation 
shall be such as maybe most consistent with, and binding npon, 
the conscience of the person to whom such oatli or affirmation 
may l)e administered. 

Sec. 9. No law shall be passed restraining the free inter- 
change of thought and opinion, or restricting the right to speak, 
write, or print, freely, on any subject whatever; but for the 
abuse of that right every person shall be responsible. 

Sec. 10. In all prosecutions for lil^el,the truth of the matters 
alleged to be libelous may be given in justification. 

Sec. 11. The right of the people to be secure in their per- 
sons, houses, papers and effects, against unreasonable search or 
seizure shall not be violated, and no warrant shall issue, but 
u[)on probal)le cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the person or 
thing to be seized. 

Sec. 12. All courts shall be open; and every man, for injury 
done to him, in his person, property or reputation, shall have 



804 APPENDIX. 

reniedv lt_v duo oourse of l;nv. Justice shall be adiuiuistered 
tVeelv and without juireliase; coinpletely, aiul without denial; 
speedily, and without delay. 

Sec. Id. In all criminal prosecutions the accused shall have 
the right to a public trial, by an impartial jury in the county in 
whii'h the ott'ense sliall have been committed ; to be heard by 
himself and counsel ; to demand tlie nature and cause of the 
accusation against him, and to have a copy thereof; to meet 
the witnesses face to face, and to have compulsory process for 
ol)tainiug witnesses in his favor. 

Sec. 14. ISTo person shall be put in jeopardy twice for the 
same offense. iSTo person, in any criminal prosecution, shall be 
compelled to testify against himself. 

Sec. 15. Xo person arrested, or confined in jail, shall be 
treated with unnecessary rigor. 

Skc. 16. Excessive liail shall not be recpiired. Excessive 
lines shall not be imposed. Cruel and unusual punishment 
shall not be inliicted. All }»enalties shall be proportioned ti) 
the nature of the offense. 

Sec. 17. ()ifeuses, other than murder or treason, shall be 
bailable by sufficient sureties, ^^urder or treason shall not be 
bailable when the proof is evident, or the }U'esum})tiou strong. 

Sec. 18. The penal code shall be founded on the principles 
of reformation, and not of vindictive justice. 

Sec. 10. In all ci-iminal eases whatever, the jury shall have 
the right to determine the law and the facts. 

Sec. 20. In all civil eases the right of trial by jury shall i*e- 
main inviolate. 

Sec. 21. Xo mans particular services shall be demanded 
without just compensation. Xo man's property shall be taken 
by law without just compensation : m^r, except in case of the 
State, without such compensation tirst assessed and tendered. 

Sec. 22. The privilege of the debtor to enjoy the necessary 
comforts of life, shall be recognized l)y wholesome laws, ex- 
em[)ting a reasonable amount of jiroperty from seizure or sale 



CONSTITUTION OF THE STATE. 305 

for the payment of any debt or liability hereafter contracted ; 
and there shall be no imprisonment for debt, except in case of 
fraud. 

Sec. 23. The General Asseml_)ly shall not grant to any citi- 
zen, or class of citizens, privileges or immunities which, upon 
the same terms, shall not equally belong to all citizens. 

Sec. 24. ISTo ex i^ost facto law, or laAv impairing the obliga- 
tion of contract, shall ever be passed. 

Sec. 25. ISTo law shall be passed, the taking efteet of which 
shall be made to depend upon any authority, except as provided 
in this Constitution. 

Sec. 26. The operation of the laws shall never be suspended, 
except b}^ the authority of the General Assembly. 

Sec. 27. The privileges of the writ of habeas corpus shall 
not be suspended, except in case of rebellion or invasion, and 
then only if the public safety demand it. 

Sec. 28. Treason against the State shall consist only in levy- 
ing war against it, and giving aid and comfort to its enemies. 

Sec. 29. ISTo person shall be convicted of treason, except on 
the testimony of two witnesses to the same overt act, or upon 
his confession in open court. 

Sec. 30. ISTo conviction shall work corruption of blood or 
forfeiture of estate. 

Sec. 31. ]^o law shall restrain any of the inhabitants of the 
State from assembling together, in a peaceable manner, to con- 
sult for their common good; nor from instructing their repre- 
sentatives ; nor from applying to tlie General Assembly for 
redress of grievances. 

Sec. 32. The people shall have a right to bear arms for the 
defense of themselves and the State. 

Sec. 33. The military shall be kept in strict subordination 
to the civil power. 

20— ScH. Law, 



306 APPENDIX. 

Sec. 34, I^o soldier shall, in time of peace, be quartered in 
any house without the consent of the owner; nor in time of 
war but in a manner to be prescribed b}^ law. 

Sec. 35. The General Assembly shall not grant any title of 
nobility, nor confer hereditary distinctions. 

Sec. 36. Emigration from the State shall not be prohibited. 

Sec. 37. There shall be neither slavery nor involuntary servi- 
tude, within the State, otherwise than for the punishment of 
crime, whereof the party shall have been duly convicted. No 
indenture of any negro or mulatto, made or executed out of the 
bounds of the State, shall be valid within the State. 

ARTICLE II. 

SUFFRAGE AND ELECTION. 

Section 1. All elections shall be free and equal. 

Sec. 2. In all elections not otherwise provided for by this 
Constitution, every male citizen of the United States, of the 
age of twenty-one years and upwards, who shall have resided 
in the State during the six months, and in the township sixty 
days, and in the ward or precinct thirty days immediate^ pre- 
ceding such election ; and every male of foreign birth, of the 
age of twenty-one years and upwards, who shall have resided 
in the United States one year, and shall have resided in this 
State during the six months, and in the township sixty days, 
and in the ward or precinct thirty days, immediately preceding 
such election, and shall have declared his intention to become a 
citizen of the United States, conformably to the laws of the 
United States on the subject of naturalization, shall be entitled 
to vote in the township or precinct where he may reside, if he 
shall have been duly registered according to law. 

Sec. 3. jSTo soldier, seaman or marine, in the army or navy 
of the United States, or their allies, shall be deemed to have 
acquired a residence in this State in consequence of having 
been stationed within the same; nor shall any such soldier, sea- 
man or marine, have the right to vote. 



CONSTITUTION OF THE STATE. 307 

Sec. 4. ^o person shall be deemed to have lost his residence 
in the State by reason of his absence either on business of the 
State or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of March 
24, 1881.] 

Sec. 6. Every person shall be disqualified from holding oflice 
during the term for which he may have been elected, who shall 
have given or oifered a bribe, threat or reward to procure his 
election. 

Sec. 7. Ever}^ person who shall give or accept a challenge 
to fight a duel, or who shall knowingly carry to another person 
such challenge, or who shall agree to go out of the State to 
fight a duel, shall be ineligible to any otfice of trust or profit. 

Sec. 8. The General Assembly shall have power to deprive 
of the right of suftrage, and to render ineligible any person 
convicted of an infamous crime. 

Sec. 9. l^o person holding a lucrative oflice or appointment, 
under the United States, or under this State, shall be eligible to 
a seat in the General Assembly; nor shall any person hold 
more than one lucrative otfice at the same time, except as in 
this Constitution expressly permitted : Provided, That ofiices in 
the militia, to which there is attached no annual salary, and the 
oflice of Deputy Postmaster, where the compensation does not 
exceed ninety dollars per annum, shall not be deemed lucrative; 
And provided, also, That counties containing less than one thou- 
sand polls may confer the oflice of Clerk, Recorder and Auditor, 
or any two of said ofiices, upon the same person. 

Sec. 10. Xo person who may hereafter be a collector or 
holder of public moneys, shall be eligible to any oflice of trust 
or profit until he shall have accounted for and paid over, ac- 
cording to law, all sums for which he may be liable. 

Sec. 11. In all cases in which it is provided that an oflBce 
shall not be filled by the same person more than a certain num- 
ber of years continuously, an appointment pt'^^o tempore shall not 
be reckoned a part of that term. 



oUS APPENDIX. 

Sec. 12. In all oases, except treason, felony and oreaeh of 
the peace, electors shall be free from arrest in going to elec- 
tions, during their attendance there, and in returning from the 
same. 

Sec. 13. All elections by the people shall be b}" ballot; and 
all elections by the General Assembly, or by either branch 
thereof, shall be rlra voce. 

Sec. 14. All general elections shall be held on the lirst Tues- 
day after the lirst Monday in November ; but township elections 
nniy bo held at such time as may be provided by law : Pivriilat 
That the General Assembly nniy provide by law for the election 
ot' all judges of courts of general or appellate jurisdiction, by 
an election to be held for such officers only, at which time no 
other officer shall be voted for; and shall also provide for the 
I'cgistration of all persons entitled to vote. 

ARTICLE III. 

PISTRTBUTION OF POWERS. 

Section 1. The powers of the Government are divided into 
three separate departments: the Legislative, the Executive (in- 
ehiding the Administrative), and the Judicial; and no person 
charged with official duties under one of these departments 
shall exercise any of the functions of another except as in this 
Constitution expressly provided. 

ARTICLE IV. 

legislative. 

Section 1. The Legislative authority of the State shall be 
vested in a General Assembly, which shall consist of a Senate 
and House of Representatives. The style of e^■ery law shall 
be, "'Be it enacted by the General Assembly of the State of 
Indiana;" and no law shall be enacted except by bill. 

Sec. 2. The Senate shall not exceed iifty, nor the House of 
Representatives one hundred members; and they shall be 



CONSTITUTION OP THE STATE. 309 

chosen by the electors of the respective counties or districts 
into which the State may, from time to time, be divided. 

Sec. 8. Senators shall be elected for the term of four years, 
and Representatives for the term of two years, from the day 
next after their general election : Provided, however, That the 
Senators elect, at the second meeting of the General Assembly 
under this Constitution, shall be divided, by lot, into two equal 
classes, as nearly as may be ; and the seats of Senators of the 
first class shall be vacated at the expiration of two years, and 
those of the second class at the expiration of four years; so 
that one-half, as nearly as possiljle, shall be chosen biennially 
forever thereafter. And in case of increase in the number of 
Senators, they shall be so annexed by lot, to the one or the 
other of the tw^o classes, as to keep them as nearly equal as 
practicable. 

Sec. 4. The General Assembly shall, at its second session 
after the adoption of this Constitution, and every sixth year 
thereafter, cause an enumeration to be made of all the male 
inhabitants over the age of twenty-one years. 

Sec. 5. The number of Senators and Representatives shall, 
at the session next following each period of making such enu- 
meration, be fixed by law, and apportioned among the several 
counties, according to the number of male inhabitants, above 
twenty-one years of age, in each : Provided, That the first and 
second elections of members of the General Assembly, under 
this Constitution, shall be according to the apportionment last 
made by the General Assembly before the adoption of this 
Constitution. 

Sec. 6. A Senatorial or Representative district, where more 
tlian one county shall constitute a district, shall be composed 
of contiguous counties; and no county, for Senatorial appor- 
tionment, shall ever be divided. 

Sec. 7. ISTo person shall be a Senator or a Representative, 
who, at the time of his election, is not a citizen of the United 
States; nor any one who has not been, for two years next pre- 
ceding his election, an inhabitant of this State, and for one 
year next preceding his election, an inhabitant of the county or 



310 APPENDIX. 

district whence he m§,y be chosen. Senators shall he at least 
twenty -five, and Representatives at least twenty-one years of 
age. 

Sec. 8. Senators and Representatives, in all cases except 
treason, felony, and breach of the peace, shall be privileged 
from arrest during the session of the General Assembly, and in 
going to and returning from the same; and shall not be subject 
to any civil process during the session of the General Assem- 
bly, nor during the fifteen days next before the commencement 
thereof. For any speech or debate in either House, a member 
shall not be questioned in any other place. 

Sec. 9. The sessions of the General Assembly shall be held 
biennially, at the capital of the State, commencing on the 
Thursday next after the first Monday of January, in the year 
one thousand eight hundred and fifty-three, and on the same 
day of every second year thereafter, unless a difterent day or 
place shall have been appointed by law. But if, in the opinion 
of the Governor, the public welfare shall require it, he may, at 
any time, by proclamation, call a special session. 

Sec. 10. Each House, when assembled, shall choose its ow]i 
officers (the President of the Senate excepted), judge the elec- 
tions, qualifications and returns of its own members, determine 
its rules of proceeding, and sit upon its own adjournment. But 
neither House shall, without the consent of the other, adjourn 
for more than three days, nor to any place other than that in 
which it may be sitting. 

Sec. 11. Two-thirds of each House shall constitute a quorum 
to do business; but a smaller number may meet, adjourn from 
day to day, and compel the attendance of absent members. A 
quorum being in attendance, if either House fail to eflect an 
organization within the first five days thereafter, the members 
of the House so failing shall be entitled to no compensation 
from the end of the said five days, until an organization shall 
have been eff'ected. 

Sec. 12. Each House shall keep a journal of its proceedings, 
and publish the same. The yeas and nays, on any question, 
shall, at the request of any two members, be entered, together 



COXSTITUTION OF THE STATE. 311 

with the names of the members demanding the same, on the 
jonrnal :' Prodded, That on a motion to adjourn, it shall require 
one-tenth of the members present to order the yeas and nays. 

Sec. 13. The doors of each House, and of Committees of the 
Whole, shall l)e kept open, except in such cases as, in the opin- 
ion of either House, may recpiire secrecy. 

SeCo 14. Either House may punish its members for disor- 
derly behavior, and may, with the concurrence of two-thirds, 
expel a member ; but not a second time for the same cause. 

Sec. 15. Either House, during its session, may punish, by 
imprisonment, any person not a member, who shall have been 
guilty of disrespect to the House, by disorderly or contemptu- 
ous behavior in its presence ; but such imprisonment shall not, 
at any time, exceed twenty -four hours. 

Sec. 16. Each House shall have all powers necessary for a 
branch of the legislative department of a free and independent 
State. 

Sec. 17. Bills may originate in either House, but may be 
amended or rejected in the other, except that bills for raising 
revenue shall originate in the House of Representatives. 

Sec. 18. Every bill shall be read by sections, on three several 
days in each House; unless, in case of emergency, two-thirds 
of the House where such bill may be depending shall, by a vote 
of yeas and nays, deem it expedient to dispense with this rule; 
but the reading of a bill by sections, on its final passage, shall 
in no case be dispensed with ; and the vote on the passage of 
every bill or joint resolution shall be taken by yeas and nays. 

Sec. 19. Every act shall embrace but one subject, and mat- 
ters properly connected therewith ; which subject shall be ex- 
})ressed in tlie title. But if any subject shall be embraced in 
an act, which shall not be expressed in the title, such act shall 
be void only as to so much thereof as shall not be expressed in 
the title. 

Sec. 20. Every act and joint resolution shall be plainly 
A\'oi-ded, avoiding, as far as practicable, the use of technical 
terms. 



312 APPENDIX. 

Sec. 21. ISTo act shall ever be revised or amended by mere 
reference to its title ; but the act revised, or section amended, 
shall be set forth and published at full length. 

Sec. 22. The General Assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say : 

Regulating the jurisdiction and duties of justices of the peace 
and of constables ; 

For the punishment of crimes and misdemeanors ; 

Regulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal cases ; 

Granting divorces; 

Changing the names of persons; 

For laying out, opening and working on, highways, and for 
the election or appointment of supervisors ; 

Vacating roads, town plats, streets, alleys and public squares; 

Summoning and impanneling grand and petit juries, and pro- 
viding for their compensation ; 

Regulating county and township business; 

Regulating the election of county and township officers, and 
their compensation ; 

For the assessment and collection of taxes for State, county, 
township or road purposes ; 

Providing for supporting common schools, and for the preser- 
vation of school funds; 

In relation to fees or salaries; except that the laws maybe so 
made as to grade the compensation of officers in proportion to 
the population and the necessary services recpiired ; 

In relation to interest on money; 

Providing for opening and conducting elections of State, 
county or township officers, and designating the places of vot- 
iuir ; 



CONSTITUTION OF THE STATE. 313 

Providing for the sale of real estate belonging to minors, or 
other persons laboring under legal disabilities, by executors, ad- 
ministrators, guardians or trustees. 

Sec. 23. In all the cases enumerated in the preceding section, 
and in all other cases where a general law can be made appii- 
cal)le, all laws shall be general and of uniform operation 
throughout the State. 

Sec. 24. Provisions may be made by general law, for bring- 
ing suits against the State, as to all liabilities originating after 
the adoption of this Constitution ; but no special act authoriz- 
ing such suit to be brought, or making compensation to any 
person claiming damages against the State, shall ever be passed. 

Sec. 25. A majority of all the members elected to each 
House shall be necessary to pass every bill or joint resolution; 
and all bills and joint resolutions so passed shall be signed by 
the presiding officers of the respective houses. 

Sec. 26. Any member of either House shall have the right 
to protest, and to have his protest, with his reasons for dissent, 
entered on the journal. 

Sec. 27. Every statute shall be a public law, unless otherwise 
declared in the statute itself. 

Sec. 28. Xo act shall take effect until the same shall have 
been published and circulated in the several counties of this 
State, by authority, except in case of emergency ; which emer- 
gency shall be declared in the preamble or in the body of the 
hiw." 

Sec. 29. The members of the General Assembly shall receive 
for their services a compensation, to be fixed by law ; but no in- 
crease of compensation shall take eftect during the session at 
which such increase may be made. No session of the General 
Assembly, except the first under this Constitution, shall extend 
beyond the term of sixty-one days, nor any special session be- 
yond the term of forty days. 

Sec. 30, 'No Senator or Representative shall, during tlie term ' 
for which he may have been elected, be eligible to any office, 



314 APPENDIX. 

tlie election to which is vested in tlie General Assembly, nor 
shall he be appointed to any civil office of profit, which shall 
have been created, or the emoluments of which shall have been 
increased, during such term; but this latter provision shall not 
be construed to apply to any office elective by the people. 



ARTICLE Y. 

EXECUTIVE. 

Section 1, The executive powers of the State shall be vested 
in a Governor. He shall hold his office during four years, and 
shall not be eligible more than four ^^ears in au}^ period of 
eight years. 

Sec. 2. There shall be a Lieutenant-Governor, who shall 
hold his office during four years. 

Sec. 3. The Governor and Lieutenant-Governor shall be 
elected at the times and places of choosing members of the 
General Assembly. 

Sec. 4. In voting for Governor and Lieutenant-Governor 
the electors shall designate for whom they vote as Governor, 
and for whom as Lieutenant-Governor. The returns of every 
election for Governor and Lieutenant-Governor shall be sealed 
up and transmitted to the seat of government, directed to the 
Speaker of the House of Representatives, who shall open and 
publish them in the presence of both Houses of the General 
Assembly. 

Sec 5. The persons, respectively, having the highest num- 
ber of votes for Governor and Lieutenant-Governor, shall be 
elected ; but in case two or more persons shall have an equal 
and the highest number of votes for either office, the General 
Assembly shall, by joint vote, forthwith proceed to elect one 
of the said persons Governor or Lieutenant-Governor, as the 
case ma}" be. 

Sec 6. Contested elections for Governor or Lieutenant-Gov- 
ernor shall be determined by the General Assembly, in such- 
manner as may be prescribed l)y law. 



CO^fSTITUTION OF TUE STATE. 315 

Sec. 7. No person shall be eligible to the office of Governor 
or Lieutenant-Governor, Avbo shall not have been five years a 
citizen of the United States, and also a resident of the State of 
Indiana during the five years next preceding his election ; nor 
shall any person be eligible to either of the said offices who 
shall not have attained the age of thirty years. 

Sec. 8. Xo member of Congress, or person holding any office 
under the United States, or under this State, shall fill the office 
of Governor or Lieutenant-Governor. 

Sec. 9. The official term of the Governor or Lieutenant-Gov- 
ernor shall commence on the second Monday of January, in the 
year one thousand, eight hundred and fifty-three; and on the 
same day every fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from office, 
or of his death, resignation or inability to discharge the duties 
of the office, the same shall devolve on the Lieutenant-Governor ; 
and the General Assembly shall, by law, provide for the case of 
removal from office, death, resignation, or inability, both of the 
Governor and Lieutenant-Governor, declaring what officer then 
shall act as Governor ; and such officer shall act accordingly un- 
til the disability be removed or a Governor be elected. 

Sec. 11. Whenever the Lieutenant-Governor shall act as 
Governor, or shall be unable to attend as President of the Senate, 
the Senate shall elect one of its own members as President for 
the occasion. 

Sec. 12. The Governor shall be commander-in-chief of the 
military and naval forces, and may call out such forces to execute 
the laws, or to suppress insurrection, or to repel invasion. 

Sec. 13. He shall, from time to time, give to the General As- 
sembly information touching the condition of the State, and rec- 
ommend such measures as he shall judge to be expedient. 

Sec. 14. Every bill which shall have passed the General As- 
sembly shall be presented to the Governor ; if he approve, he 
shall sign it, but if not, he shall return it, with his objections, to 
the House in which it shall have originated, which House shall 
enter the objections at large upon its journals and proceed to 



316 APPENDIX. 

reconsider the bill. If, after such reconsideration, a majority of 
all the members elected to that House shall agree to pass the bill, 
it shall be sent, with the Governor's objections, to the other House, 
by which it shall likewise be reconsidered, and if approved by a 
majority of all the members elected to that House, it shall be a 
law. If any bill shall not be returned by the Governor within 
three days, Sundays excepted, after it shall have been presented 
to him, it shall be a law without his signature, unless the general 
adjournment shall prevent its return, in which case it shall be a 
law unless the Governor, within five days next after such ad- 
journment, shall file such bill, with his objections thereto, in the 
ofiice of the Secretary of State, who shall lay the same before the 
General Assembly at its next session in like manner as if it had 
been returned by the Governor. But no bill shall be presented 
to the Governor within two days next previous to the final ad- 
journment of the General Assembly. 

Sec. 15. The Governor shall transact all necessary business 
with the officers of Government, and may require any informa- 
tion in writing from the officers of the administrative depart- 
ment, upon any subject relating to the duties of their respective 
oflices. 

Sec. 16. He shall take care that the laws be faithfully 
executed. 

Sec. 17. He shall have the power to grant reprieves, com- 
mutations and pardons, after conviction, for all offenses except 
treason and cases of impeachment, subject to such regulations 
as may be provided by law. Upon conviction for treason, he 
shall have power to suspend the execution of the sentence until 
the case shall be reported to the General Assembly at its next 
meeting, when the General Assemlily shall either grant a pardon, 
commute the sentence, direct the execution of the sentence, or 
grant a further reprieve. He shall have power to remit fines 
and forfeitures, under such regulations as may be prescribed l)y 
law, and shall report to the General Assembly, at its next meet- 
ing, each case of reprieve, commutation, or pardon granted, and 
also the names of all persons in whose favor remission of fines 
and forfeitures shall have been made, and the several amounts 
remitted : Provided, however, That the General Assembly may, 



CONSTITUTION OF THE STATE. 317 

"by law, constitute a council, to be composed of officers of State, 
witliout whose advice and consent tlie Governor shall not have 
power to grant pardons, in any case, except such as may, by law, 
be left to his sole power. 

Sec. 18. When, during a recess of the General Assembly, a 
vacancy shall happen in an}^ office, the appointment to which is 
vested in the General Assembly, or when, at any time, a va- 
cancy shall have occurred in any other State office, or in the 
office of Judge of any court, the Governor shall fill such va- 
cancy by appointment, which shall expire when a successor shall' 
have been elected and qualified. 

Sec. 19. He shall issue writs of election to fill such vacan- 
cies as may have occurred in the General Assembly. • 

Sec. 20. Should the seat of Government become dangerous 
from disease or a common enemy, he may convene the General 
Assembly at any other place. 

Sec. 21. The Lieutenant-Governor shall, by virtue of his 
office, be President of the Senate ; have a right, when in Com- 
mittee of the Whole, to join in debate, and to vote on all sub- 
jects, and, whenever the Senate shall be equally divided, he shall 
give the casting vote. 

Sec. 22. The Governor shall, at stated times, receive for his 
services a compensation which shall neither be increased nor 
diminished during the term for which he shall have been 
elected. 

Sec. 23. The Lieutenant-Governor, while he shall act as 
President of the Senate, shall receive for his services the same 
compensation as the Speaker of the House of Representatives ; 
and any person acting as Governor shall receive the compensa- 
tion attached to the office of Governor. 

Sec. 24. Is'either the Governor nor Lieutenant-Governor 
shall be eligible to any other office during the term for which 
he shall have been elected. 



318 APPENDIX. 

ARTICLE VI. 

ADMINISTRATIVE. 

Section 1. There shall be elected by the voters of the State, 
a Secretary, an Auditor, and a Treasurer of State, who shall 
severally hold their offices for two years. They shall perform 
sncli duties as may be enjoined by law ; and no person shall be 
eligible to either of said offices more than four years in any 
period of six years. 

Sec. 2. There shall be elected in each county, by the voters 
thereof, at the time of holding general elections, a Clerk of the 
Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner 
and Surveyor. The Clerk, Auditor and Recorder shall con- 
tinue in office four years ; and no person shall be eligible to the 
office of Clerk, Recorder or Auditor more than eight years in 
any period of twelve years. The Treasurer, Sheriff, Coroner 
and Surveyor, shall continue in office two years; and no per- 
son shall be eligible to the office of Treasurer or Sheriff more 
than four years in any period of six years. 

Sec. 3. Such other county and township officers as may be 
necessary, shall be elected or appointed, in such manner as may 
be prescribed by law. 

Sec. 4. No person shall be elected or appointed as a county 
officer, who shall not be an elector of the county ; nor any one 
who shall not have been an inhabitant thereof during one year 
next preceding his appointment, if the county shall have been 
so long organized ; but if the county shall not have been so 
long organized, then within the limits of the count}' or coun- 
ties out of which the same shall have been taken. 

Sec. 5. The Governor, and the Secretary, Auditor and Treas- 
urer of State, shall, severally, reside and keep the public records, 
books and papers, in any manner relating to the respective 
offices, at the seat of government. 

Sec. 6. All county, township and town officers shall reside 
within their respective counties, townships and towns, and shall 



CONSTITUTION OF THE STATE. 319 

keep their respective offices at such places therein, and perform 
such duties as may he directed by law. 

Sec. 7. All State officers shall, for crime, incapacity or neg- 
ligence, be liable to be removed from office, either by impeach- 
ment by the House of Representatives, to be tried by the Sen- 
ate, or by a joint resolution of the General Assembly; two- 
thirds of the members elected to each branch voting, in either 
case, therefor. 

Sec. 8. All State, county, township and town officers may 
be impeached, or removed from office in such manner as may 
be prescribed by law. 

Sec. 9. Vacancies in county, township and town offices shall 
be tilled in such manner as may be prescribed by law. 

Sec. 10. The General Assembly may confer upon the Boards 
doing county business in the several counties, powers of a local 
administrative character. 



ARTICLE VII. 

JUDICIAL. 

Section 1. The Judicial power of the State shall be vested 
in a Supreme Court, in Circuit Courts, and in such other courts 
as the General Assembly may establish. 

Sec. 2. The Supreme Court shall consist of not less than 
three, nor more than five Judges; a majority of whom shall 
form a rpiorum. They shall hold their offices for six years, if 
they HO long behave well. 

Sec. 3. The State shall be divided into as many districts as 
there are Judges of the Supreme Court, and such districts shall 
be formed of contiguous territory, as nearly equal in population 
as, without dividing a county, the same can be made. One of 
said Judges shall be elected from each district, and reside 
therein ; but said Judge shall be elected by the electors of the 
State at large. 



320 APPENDIX. 

Sec. 4. The Supreme Court shall have jurisdiction, co-ex- 
tensive with the limits of the State, in appeals and writs of 
error, under such regulations and restrictions as ma}" be pre- 
scribed by law. It shall also have such original jurisdiction as 
the General Assembly may confer. 

Sec. 5. The Supreme Court shall, upon the decision of every 
case, give a statement in writing of each question arising in the 
record of such case, and the decision of the Court thereon. 

Sec. 6. The General Assembly shall provide by law, for the 
speedy publication of the decisions of the Supreme Court, made 
under this Constitution, but no Judge shall be allowed to re- 
port such decision. 

Sec. 7. There shall be elected by the voters of the State, a 
Cku'k of the Supreme Court, who shall hold his office four years, 
and Avhose duties shall be prescribed by law. 

Sec. 8. The Circuit Courts shall each consist of one Judge, 
and shall have such civil and criminal jurisdiction as may be 
pi'cscribed by law. 

Sec. 9. The State shall, from time to time, be divided into 
Jndicial Circuits, and a Judge for each circuit shall be elected 
1)V the voters thereof. He shall reside within the circuit, and 
shall hold his office for the term of six years, if he so long be- 
have well. 

Sec. 10. The General Assembjy may provide, by law, that 
the Judge of one circuit may hold the courts of another circuit, 
in cases of necessity or convenience ; and in case of temporary 
inabilitv of anv Judo*e, from sickness or other cause, to hold 
the courts in his circuit, provisions may be made, by law, for 
holding such courts. 

Sec. 11. There shall be elected, in each Judicial Circuit, by 
the voters thereof, a Prosecuting Attorney, who shall hold his 
office for two years. 

Sec. 12. Any Judge or Prosecuting Attorney, who shall have 
been convicted of corruption or other high crime, nuiy, on in- 
formation in the name of the State, be removed from office by 



CONSTITUTION OP THE STATE. 321 

the Supreme Court, or in such other manner as may be pre- 
scribed by hiw. 

Sec. 13. The Judges of the Supreme Court and Circuit 
Courts shall, at stated times, receive a compensation, which 
shall not be diminished during their continuance in office. 

Sec. 14. A competent number of Justices of the Peace shall 
be elected by the voters in each township in the several coun- 
ties. They shall continue in office four years, and their powers 
and duties shall be prescribed by law. 

Sec. 15. All judicial officers shall be conservators of the 
peace in their respective jurisdictions. 

Sec. 16. JSTo person elected to any judicial office shall, during 
the term for which he shall have been elected, be eligible to 
any office of trust or prolit under the State, other than a judi- 
cial office. 

Sec. 17. The General Assembly may modify or abolish the 
Grand Jury system. 

Sec. 18. All criminal prosecutions shall be carried on in the 
name, and by the authority of the State ; and the style of all 
processes shall be, "The State of Indiana." 

Sec. 19. Tribunals of conciliation may be established, with 
such powers and duties as shall be prescribed by law ; or the 
powers and duties of the same may be ccnferred upon other 
courts of justice; but such tribunals or other courts, when sit- 
ting as such, shall have no power to render judgment to be 
obligatory on the parties unless they voluntarily submit their 
matters of diiference and agree to abide the judgment of such 
tribunal or court. 

Sec. 20. The General Assembly, at its first session after the 
adoption of this Constitution, shall provide for the appointment 
of three commissioners whose duty it shall be to revive, sim- 
plify and abridge the rules, practice, pleadings and forms of the 
courts of justice. And they shall provide for abolishing the 
distinct forms of action at law now in use; and that justice 
shall be administered in a uniform mode of pleading, without 
21— ScH. Law. 



322 APPENDIX. 

distinction between law and equity. And tlie General Assembly 
may, also, make it the duty of said commissioners to reduce 
into a systematic code the general statute law of the State ; and 
said commissioners shall report the result of their labors to the 
General Assembly, with such recommendations and suggestions, 
as to the abridgment and amendment, as to said commissioners 
may seem necessary or proper. Provision shall be made by law 
for tilling vacancies, regulating the tenure of oiiice and the com- 
pensation of said commissioners. 

Sec. 21. Every person of good moral character, being a 
voter, shall be entitled to admission to practice law in all courts 
of justice. 

ARTICLE VIII. 

EDUCATION. 

Section 1. Knowledge and learning generally diffused 
throughout a community, being essential to the preservation of 
a free government, it shall be the duty of the General Assembly 
to encourage, by all suitable means, moral, intellectual, scien- 
tific and agricultural imj^rovement, and to provide by law for a 
general and uniform system of common schools, wherein tuition 
shall be without charge, and ecpiiilly open to all. 

Sec 2. The common school fund shall consist of the con- 
gressional township fund, and the lands belonging thereto ; 

The surplus revenue fund ; 

The saline fund, and the lands belonging thereto ; 

The bank tax fund, and the fund arising from the one hun- 
dred and fourteenth section of the charter of the State Bank 
of Indiana ; 

The fund to be derived from the sale of county seminaries, 
and the moneys and property heretofore held for such semi- 
Inaries; from the fines assessed for breaches of the penal laws 
of the State; and from all forfeitures which may accrue; 

All lands and other estate which shall escheat to the State 
for want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the 
State, where no special purpose is expressed in the grant, and 



CONSTITUTION OF THE STATE. 323 

tlie proceeds of the sales thereof; including the proceeds of the 
Sides of the Swamp Lands granted to the State of Indiana by 
tlie act of Congress, of the 28th of September, 1850, after de- 
ducting the expense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed 
by t4ie General Assembly for Common School purposes. 

Sec. 3. The principal of the Common School Fund shall 
remain a perpetual fund, which may be increased, but shall 
never be diminished ; and the income thereof shall be inviolably 
ap[).ropriated to the support of Common Schools, and to no other 
purpose whatever. 

Sec. 4. The General Assembly shall invest, in some safe and 
profitable manner, all such portions of the Common School 
Fund as have not heretofore been entrusted to the several 
counties ; and shall make provisions, by law, for the distribu- 
tion, among the several counties, of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of 
such intierest for Common School purposes, the same shall be 
reinvested for the benefit of such county. 

Sec. 6. The several counties shall be held liable for tLi ;i res- 
ervation of so much of the said fund as may be entrusted to 
them, and for the payment of the annual interest thereon. 

Sec. 7. All trust funds held by the State shall remain invio- 
late, and be faithfully and exclusively applied to the purposes 
for which the trust was created. 

Sec. 8. The General Assembly shall provide for the election, 
by the voters of the State, of a State Superintendent of Public 
lui^truction, who shall hold his otfice for two years, and whose 
duties and compensation shall be prescribed by law. 

ARTICLE IX. 

STATE INSTITUTIONS. 

Section 1. It shall be the duty of the General Assembly to 
provide by law for the support of Institutions for the Education 
of the Deaf and Dumb, and of the Dlind; and, also, for the 
treatment of the Insane. 



324 APPENDIX. 

Sec. 2. The General Assembly shall provide Houses of Refuge 
for the correction and reformation of juvenile offenders. 

Sec. 3. The County Boards shall have power to provide 
farms as an asylum, for those persons who, by reason of age, 
intirmity, or other misfortune, have claims upon the sympathies 
and aid of society. 

' ARTICLE X. 

FINANCE. 

Section 1. The General Assembly" shall provide, by law, for 
a uniform and equal rate of assessment and taxation ; and shall 
prescribe such regulations as shall secure a just valuation for 
taxation of all property, both real and personal, excepting such 
only for municipal, educational, literary, scientific, religious or 
charitable purposes, as may be specially exempted by law. 

Sec. 2. All the revenues derived from the sale of any of the 
public works belonging to the State, and from the net annual 
income thereof, and any surplus that may, at any time, remain 
in the Treasury derived from taxation for general State purposes, 
after the payment of the ordinary expenses of the government, 
and of the interest on bonds of the State, other than bank bonds, 
shall be annually applied, under the direction of the General 
Assembly, to the payment of the principal of the public debt. 

Sec. 3. No money shall be drawn from the Treasury but in 
pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and expendi- 
tures of the public money shall be published with the laws of 
each regular session of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, on 
behalf of the State, except in the following cases : To meet 
casual deficits in the revenue; to pay the interest on the State 
debt; to repel invasion, suppress insurrection, or, if hostilities 
be threatened, provide for public defense. 

Sec. 6. No county shall subscribe for stock in any incorpo- 
rated company, unless the same be paid for at the time of such 



CONSTITUTION OF THE STATE. 325 

subscription ; nor shall any county loan its credit to any incor- 
porated company, nor borrow money for the purpose of taking 
stock in any such company; nor shall the General Assembly 
ever, on behalf of the State, assume the debts of any county, 
city, town or township, nor of any corporation whatever. 

Sec. 7. ISTo law or resolution shall ever be passed by the 
General Assembly of the State of Indiana that shall recognize 
any liability of this State to pay or redeem any certificate of 
stock issued in pursuance of an act entitled " An act to provide 
for the funded debt of the State of Indiana, and for the comple- 
tion of the Wabash and Erie Canal to Evansville," passed Janu- 
ary 19, 1846, and an act supplemental to said act, passed January 
29, 1847, which by the provisions of the said acts, or either of 
them, shall be payable exclusively from the proceeds of the canal 
lands, and the tolls and revenues of the canal in said acts men- 
tioned ; and no such certificates of stocks shall ever be paid by 
this State. 

[Note. — Agreed to by a majority of the members elected to each of the two 
houses of the General Assembly, Regular Session of 1871, and referred to the Gen- 
eral Assembly to be chosen at the next general election. Agreed to by a majority 
of the members elected to each house of the General Assembly, Special Session of 
1872. Submitted to the electors of the State by an act apjiroved January 28, 1873. 
Ratified by a majority of the electors, at an election held on the 18th day of Feb- 
ruary, 1873. Declared a part of the Constitution by proclamation of Thomas A. 
Hendricks, Governor, dated March 7, 1873.] 



ARTICLE XI. 

CORPORATIONS. 

Section 1. The General Assembly shall not have power to 
establish, or incorjjorate any bank or banking company, or 
moneyed institution, for the purpose of issuing bills of credit, 
or bills payable to order or bearer, except under the conditions 
prescribed in this Constitution. 

Sec. 2. No bank shall be established otherwise than under a 
general banking law, except as provided in the fourth section 
of this article. 



826 



APPENDIX. 



Sec, 3. If the General Assembly shall enact, a general bank- 
ing- law, sneli law shall provide for the registry and counter- 
signing, by an officer of State, of all paper credit designed tc 
be circulated as money ; and ample collateral security, readil> 
convertible into specie, for the redemption of the same in gold 
or silver, shall be required ; which collateral security shall bt 
under the control of the proper officer or officers of the State 

Sec. -i. The General Assembly may also charter a bank with 
branches, without collateral security, as required in the preced- 
ing section. 

Sec. 5. If the General Assembly shall establish a bank with 
l)ranches, the branches shall be mutually responsible for each 
other's liabilities, upon all paper credit issued as money. 

Sec. 6. The stockholders in every bank, or banking com- 
pany, shall be individually responsible to an amount over and 
above their stock, equal to their respective shares of stock, for 
all debts or liabilities of said bank or banking company. 

Sec. 7. All bills or notes issued as money shall be, at all 
times, redeemable in gold or silver; and no law shall be passed, 
sanctioning, directly or indirectly, the suspension, by any bank 
or banking company, of specie paymeuts. 

Sec. 8. Holders of bank notes shall be entitled, in case of 
insolvency, to preference of payment over all other creditors. 

Sec. 9. No bank shall receive, directly or indirectly, a greater 
rate of interest than shall be allowed by law to individuals 
loaning money. 

Sec. 10. Every bank, or banking company, shall be required 
to cease all banking operations within twenty years from the 
time of its organization, and promptly thereafter to close its 
business. 

Sec. 11. The General Assembly is not prohibited from in- 
vesting the trust funds in a bank with branches; but in case of 
such investment, the safety of the same shall be guaranteed b}' 
unquestionable security. 



CONSTITUTION OF THE STATE. 327 

Sec. 12. The State shall not be a stockholder in any bank, 
after the expiration of the present bank charter; nor shall the 
credit of the State ever be given, or loaned, in aid of any per- 
son, association, or corporation, nor shall the State hereafter be- 
come a stockholder in any corporation or association. 

Sec. 13. Corporations, other than banking, shall not be cre- 
ated by special act, but may be formed under general laws. 

Sec. 14. Dues from corporations, other than banking, shall 
be secured by such individual liability of the corporators, or 
other means, as may be prescribed by law. 



ARTICLE XII. 

MILITIA. 

Section 1. The militia shall consist of all able-bodied white 
male persons between the ages of eighteen and forty-five years, 
except such as may be exempted by the laws of the United 
States, or of this State ; and shall be organized, officered, armed, 
equipped and trained in such manner as may be provided by 
law. 

Sec. 2. The Governor shall appoint the Adjutant, Quarter- 
master and Commissary Generals. 

Sec 3. All militia officers shall be commissioned by the 
Governor, and shall hold their offices not longer than six years. 

Sec 4. Tlie General Assembly shall determine the method 
of dividing the militia into divisions, brigades, regiments, bat- 
talions and cMtnipanies, and fix the rank of all staflf' officers. 

Sec 5. The militia may be divided into classes of sedentary 
and active militia in such manner as shall be prescribed by law. 

Sec. 6. Xo person conscientiously opposed to bearing arms 
shall be compelled to do militia duty; but such person shall 
[)ay an equivalent for exemption ; the amount to be prescribed 
by law. 



328 APPENDIX. 

ARTICLE XIII. 

POLITICAL AND MUNICIPAL CORPORATIONS. 

Section 1. ISTo political or municipal corporation in this 
State shall ever become indebted, in any manner or for any 
purpose, to any amount, in the aggregate exceeding two per 
centum on the value of taxable pro23erty within such corpora- 
tion, to be ascertained by the last assessment for State and 
county taxes, previous to the incurring of such indebtedness, 
and all bonds or obligations, in excess of such amount, given 
by such corporations, shall be void : Provided^ That in time of 
war, foreign invasion, or other great public calamity, on peti- 
tion of a majority of the property owners, in number and value, 
within the limits of such corporation, the public authorities, in 
their discretion, may incur obligations necessary for the public 
protection and defense, to such an amount as may be requested 
in such petition. 

[The original Article 13 is stricken out and the amendment of March 24, 1881, 
inserted in lieu thereof.] 

ARTICLE XIV. 

BOUNDARIES. 

Section 1. In order that the boundaries of the State may 
be known and established, it is hereby ordained and declared, 
that the State of Indiana is bounded on the east by the me- 
ridian line which forms the western boundary of the State of 
Ohio ; on the south by the Ohio River, from the mouth of the 
Great Miami River to the mouth of the Wabash River; on the 
west, by a line drawn along the middle of the Wabash River, 
from its mouth to a point where a due north line, drawn from 
the town of Vincennes, would last touch the northwestern 
shore of said Wabash River; and thence by a due north line, 
until the same shall intersect an east and west line, drawn 
through a point ten miles north of the southern extreme of 
Lake Michigan ; on the north, by said east and west line, until 
the same shall intersect the first-mentioned meridian line, which 
forms the western boundary of the State of Ohio. 



CONSTITUTION OF THE STATE. 329 

Sec. 2. The State of Indiana shall possess jurisdiction, and 
sovereignt}^ co-extensive with the boundaries declared in the 
preceding section; and shall have concurrent jurisdiction, in 
civil and criminal cases, with the State of Kentucky on the 
Ohio River, and with the State of Illinois on the Wabash River, 
so far as said rivers form the common boundary between this 
State and said States respectively. 

ARTICLE XY. 

MISCELLANEOUS. 

Section 1. All officers whose appointment is not otherwise 
jtrovided for in this Constitution, shall be chosen in such man- 
ner as now is, or hereafter may be, prescribed by law. 

Sec. 2. When the duration of any office is not provided for 
by this Constitution, it may be declared by law ; and if not so 
declared, such office shall be held during the pleasure of the 
authority making the appointment. But the General Assem- 
bly shall not create any office, the tenure of which shall be 
longer than four years. 

Sec. 3. Whenever it is provided in this Constitution, or in 
any law which may be hereafter passed, that any officer, other 
than a member of the General Assembly, shall hold his office 
for any given term, the same shall be construed to mean that 
such officer shall hold his office for such term, and until his 
successor shall have been elected and qualified. 

Sec. 4. Every person elected or appointed to any office 
under this Constitution shall, before entering on the duties 
thereof, take an oath or affirmation to support the Constitution 
of this State and of the United States, and also an oath of 
office. 

Sec. 5. There shall be a seal of the State, kept by the Gov- 
ernor for official purposes, which shall be called the Seal of the 
State of Indiana. 

Sec 6. All commissions shall issue in the name of the State, 
shall be signed by the Governor, sealed by the State Seal, and 
attested by the Secretary of State. 



330 APPENDIX. 

Sec. 7. JN^o county shall be reduced to an area less than four 
hundred square miles; nor shall any county under that area be 
further reduced. 

Sec. 8. 'No lottery shall be authorized, nor shall the sale of 
lottery tickets be allowed. 

Sec. 9. The following grounds owned by the State in In- 
dianapolis, namely : the State House Square, the Governor's 
Circle, and so much of outlot numbered one hundred and forty- 
seven as lies north of the arm of the Central Canal, shall not 
be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly to 
provide for the permanent enclosure and preservation of the 
Tippecanoe Battle Ground. 

ARTICLE XYI. 

amendments. 

Section 1. Any amendment or amendments to this Consti- 
tution may be proposed in either branch of the General Assem- 
bly ; and if the same shall be agreed to by a majority of the 
members elected to each of the two houses, such proposed 
amendment or amendments shall, with the yeas and nays 
thereon, be entered on their journals and referred to the Gen- 
eral Assembly to be chosen at the next general election ; and, 
if in the General Assembly so next chosen, such proposed 
amendment or amendments shall be agreed to by a majority of 
all the members elected to each house, then it shalFbe the duty 
of the General Assembly to submit such amendment or amend- 
ments to the electors of the State, and if a majority of said 
electors shall ratify the same, such amendment or amendments 
shall become a part of this Constitution. 

Sec. 2. If two or more amendments shall be submitted at 
the same time, they shall be submitted in such manner that the 
electors shall vote for or against each of such amendments sep- 
arately ; and while such an amendment or amendments which 
shall have been agreed upon by one General Assembly, shall 



CONSTITUTION OF THE STATE. 331 

be awaiting the action of the succeeding General Assembly, or 
of the electors, no additional amendment or amendments shall 
be proposed. 

SCHEDULE. 

This Constitution, if adopted, shall take effect on the first 
day of November, in the year one thousand eight hundred and 
fifty-one, and shall supersede the Constitution adopted in the 
year one thousand eight hundred and sixteen. That no incon- 
venience may arise from the change in the government, it is 
hereby ordained as follows : 

First. All laws now in force, and not inconsistent with this 
Constitution, shall remain in force until they shall expire or be 
repealed. 

Second. All indictments, prosecutions, suits, pleas, plaints 
and other proceedings pending in any of the Courts, shall be 
prosecuted to final judgment and execution ; and all appeals, 
writs of error, certiorari and injunctions shall be carried on in 
the several Courts, in the same manner as is now provided by 
law. 

Third. All fines, penalties and forfeitures, due or accruing 
to the State, or to any county therein, shall inure to the State, 
or to such county in the manner prescribed by law. All bonds 
executed to the State, or to any officer, in his official capacity, 
shall remain in force, and inure to the use of those concerned. 

Fourth. All .acts of incorporation for municipal purposes 
shall continue in force under this Constitution, until such time 
as the General Assembly shall, in its discretion, modify or re- 
peal the same. 

Fifth. The Governor, at the expiration of the present official 
term, shall continue to act until his successor shall have been 
sworn into office. 

Sixth. There shall be a session of the General Assembly, 
commencing on the first Monday of December, in the year one 
thousand eight hundred and fifty-one. 



332 APPENDIX. 

Seventh. Senators now in office and holding over, under the 
existing Constitution, and such as may be elected at the next 
general election, and the Representatives then elected, shall 
continue in office until the first general election under this 
Constitution. 

Eighth. The first general election under this Constitution 
shall be held in the year one thousand eight hundred and fifty- 
two. 

Ninth. The first election for Governor, Lieutenant-Governor, 
Judges of the Supreme Court and Circuit Courts, Clerk of the 
Supreme Court, Prosecuting Attorney, Secretary, Auditor, and 
Treasurer of State, and State Superintendent of Public Instruc- 
tion, under this Constitution, shall be held at the general elec- 
tion in the year one thousand eight hundred and fifty-two ; and 
such of said officers as may be in office when this Constitution 
shall go into efiect, shall continue in their respective offices 
until their successors shall have been elected and qualified. 

Tenth. Every person elected by popular vote, and now in any 
office which is continued by this Constitution, and every person 
who shall be so elected to any such office before the taking 
efiect of this Constitution (except as in this Constitution other- 
wise provided), shall continue in office until the term for which 
such person has been, or may be, elected, shall expire : Provided, 
That no such person shall continue in office after the taking 
effect of this Constitution, for a longer period than the term of 
such office in this Constitution prescribed. 

Eleventh. On the taking effect of this Constitution, all officers 
thereby continued in office shall, before proceeding in the further 
discharge of their duties, take an oath or affirmation to support 
this Constitution. 

Twelfth. All vacancies that may occur in existing offices 
prior to the first general election under this Constitution, shall 
be filled in the manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution to 
the electors for their approval or disapproval, the article num- 
bered thirteen, in relation to negroes and mulattoes, shall be 



CONSTITUTION OF THE STATE. 333 

submitted as a distinct proposition, in the following form : "Ex- 
clusion and Colonization of Negroes and Mulattoes," "Aye," 
or "ISTo." And if a majority of the votes cast shall be in favor 
of said article, then the same shall form a part of this Consti- 
tution, otherwise it shall be void and form no part thereof. 

Fourteenth. JSTo article or section of this Constitution shall 
be submitted as a distinct proposition to a vote of the electors 
otherwise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the counties 
of Perry and Spencer shall deem it expedient to form, of the 
contiguous territory of said counties, a new county, it shall be 
the duty of those interested in the organization of such new 
county, to lay otf the same by proper metes and bounds of equal 
portions as nearly as practicable, not to exceed one-third of the 
territory of each of said counties. The proposal to create such 
new county shall be submitted to the voters of said counties, at 
a general election, in such manner as shall be prescribed by law. 
And if a majority of all the votes given at said election shall 
be in favor of the organization of said new county, it shall be 
the duty of the General Assembly to organize the same out of 
the territory thus designated. 

Sixteenth. The General Assembly may alter or amend the 
charter of Clarksville, and make such regulations as may be 
necessary for carrying into effect the objects contemplated in 
granting the same, and the funds belonging to said town shall 
be applied according to the intention of the grantor. 

Done in Convention, at Indianapolis, the tenth day of Feb- 
ruary, in the year of our Lord, one thousand eight hundred and 
fifty-one, and of the independence of the United States, the 
seventy -fifth. 

GEORGE WHITFIELD CARR, 
President and Delegate from the County of Lawrence. 

Attest : Wm. H. English, 

Principal Secretary. 

Geo. L. Sites, 
Herman G. Barkwell, 
Robert M. Evans, 

Assistant Secretaries. 



ADDENDA. 



The original sections stricken ont or amended read as follows 



ARTICLE II. 

SUFFRAGE AND ELECTION. 

Section 2. In all election.*!, not otherwise provided for by this Constitution, 
every wliite male citizen of the United States, of the age of twenty-one years and 
upwards, who shall liave resided in the State during the six montlis iininediately 
preceding sucli election; and every white male, of foreign birth of the age of 
twenty-one years and upwards, wlio shall have resided in the I'nited States one 
year, and sliall have resided in tliis Stale during the six months immediately pre- 
ceding sucli election, and shall liave declared liis intention to become a citizen of 
the United folates, conformably to the laws of the United States on the subject of 
naturalization, shall be entitled to vote in the township or precinct where he may 
reside. 

Sec. 5. No negro or mulatto shall have the right of sutlrage. 

Sec. 14. All general elections shall be held on the second Tuesday in October. 

ARTICLE IV. 

legislative. 

Section 4. The General Assembly shall, at its second session after the adop- 
tion of this Constitution, and every six years thereafter, cause an enumeration to 
be made of all tbc irhitc male inhabitants over the age of twenty-one years. 

Sec. 5. Tlie number of Senators and Representatives siiall, at the session next 
following each period of making sucli enumeration, be tixed by law, and appor- 
tioned among the several counties, according to the number of white male inhabi- 
tants, above twenty-one years of age, in each ; Pi-ovuM, That the iirst and second 
elections of members of the General Assembly, under this Constitution, shall be 
according to the apportionment last made by the General Assembly, before the 
adoption of this Constitution. 

Sec. 22. In relation to fees or salaries. 

(334) 



CONSTITUTION OF THE STATE. 335 

ARTICLE VII. 



I 



Section 1. The judicial power of the State shall be vested in a Supreme 
Court, ill Circuit Courts, and in such inferior courts as the General Assembly may 
estal)li.sli. 

ARTICLE XIII. 

NEGKOES AX:-> MULATTOES. 

Section 1. Xo negro or mulatto shall come into, or settle in, the State, after 
the adoption of this Constitution. 

Sec. 2. All contracts made with any negro or mulatto coming into the State, 
contrary to the provisions of the foregoing section, shall be void; and any person 
who shall employ such negro or mulatto, or otherwise encourage him to remain in 
the State, shall be fined in any sum not less than ten dollars, nor more than five 
hundred dollars. 

Sec. ?>. All fines wliich may be collected for a violation of tiie jjrovisious of 
tliis article, or of any law which may hereafter be passed for the purpose of carry- 
ing the same into execution, shall be set apart and appropriated for the coloniza- 
tion of such negroes and nuilattoes, and their descendants, as may be in the State 
at the adoption of this Constitution, and may be willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the provisions of 
this article. 






APPENDIX. 



IXDEX TO COXSTITITTIOX, 1851. 



Index to CoNsriTrTrox. 




Accused, rights of 

Act to contain but one subject 

Subject of, to be expressed in title 

Void only as to subject not embraced in title 

To be plainly worded and technical words avoided 

How amended 

Local or special, when forbidden 

To be general 

Vote of majority of all members elected tc) each House re- 
quired for passage of 

To be signed by presiding i>tticer of each House 

To be presented to the Governor 

If objected to by the Governor, to be returned to branch in 
which it originated 

May be passed notwithstanding Governor's objections 

When becomes a law without approval of Governor 

Not to be presented to Governor within two days next previous 

to tinal adjournment 

Adjournment by either house of the Genera' Assembly not to be 
for more than three days nor to another place without con- 
sent of other 

Adjutant-General to be appointed by the Governor 

Alfirmation, mode of admiuistei ing 

Agricultural improvement to be encouraged 

Amendments to Coustituti-.n. how made i 

To be voted upon separately , I 

To laws, how made 

Apportionment of Senators and Representatives 

Appropriation, no money to be drawn from the treasiiry but in ^ 

pui'suance of 

Arms, right of people to keep and bear 

Arrest, when members of General Assembly exempt from 

Search and seizure, right of. regulated 

Warrant for, to contain special designation 

Electoi-s. when exempt from 

Assessment and taxation to be uniform 

Attorney at law. who may be 

Attorney. Prosecuting, to be elected 

How mav be removed 



Auditor. County — 

To be elected 

To hold olhce four years 

Not eligible more than eight years in any period of twelve years 

QualiticatioMs of 

To reside in county 

How removed 

Vacaucv in ofhce of, how tilled 



INDEX TO CONSTITUTION. 



337 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Auditor, State — 

To be elected 

To hold otiice for two years 

Not eligible for more than four years in any period of six years 

To reside at the seat of government 

How removed . . 

Vacancy in office of, how filled 

Bailable, all offenses except murder and treason, shall be 

Bail, excessive not to be required 

Ballot, elections by people to be by 

Banks. See corporations. 

Bills may originate in either house 

May be amended or rejected 

For raising revenue to originate in the House of Representa- 
tives 

To be read three times in each house .' 

How passed 

To contain but one subject 

Subject of, to be expressed in title , 

To he plainly worded 

Bil of Rights . . " 

Boundaries of State 

Bribe, threat or reward to secure an election disqualifies party 

elected 

Census of male inhabitants over the age of twenty-one years to be 

made every six years 

Challenge to duel disqualifies one to hold office 

Civil officers, election of, by people, to be by ballot 

Election of, by General Assembly, to be vim voce 

Election of, to be biennially, on the first Tuesday after the first 

Monday in November 

Clerk of Circuit Court — 

To be elected by the people of the several counties 

Term of office 

Qualifications of 

Not eligible more than eight years in a period of twelve years. 

Residence of 

Impeachment and removal of 

Clerk of Supreme Court — 

To be elected by the voters of the State 

Term of office 

Commander-in-Chief, Governor to be 

Commissary Generals to be appointed by Governor 

Common good, people may consult for 

Commf)n schools 

('ofU])ensation to be rendered for property taken or services required 

Conciliation, Courts of, may be established 

Congress, members of, shall not fill office of Governor or Lieuten- 

ant-Gc"e»-T)or 

Conservators oi tie peace ''idicial officers are 

Constitution, how amended 

Conviction of crime does not woi'k corrnjuinn of blood or forfeiture 
of estate , 



6 
6 
6 
6 
6 
5 
1 
1 
2 

4 
4 

4 
4 
4 
4 
4 
4 
1 
14 



5 

12 

1 



7 
16 



22— ScH. Laav. 



338 



APPENDIX. 



INDEX TO CONSTITUTION— Continued. 



Index to Cons^titution. 




Convicts, when may be disfranchised 

Coroners, to be elected by the people of the county. . . . 

Term of office 

Coroners, Qualifications of 

Residence of 

Impeachment of, and removal -from office 

Vacancy in office of, how filled 

Corporations, banking — 

To be established under general laws 

May have branches 

Notes issued by to be countei"signed 

Notes issued by to be registered 

Notes issued by, redemption of 

Notes issued by, preference in payment of 

Stockholders, liability of 

State not to be stockholder 

State may invest trust funds in 

Corporations, other than banking — 

Not to be created by special act 

Stockholders, liability of 

Corruption of blood, conviction of crime works not 

Council may be established to advise concerning pardons 
Courts, Circuit — 

Judicial power vested in 



State to be divided into judicial circuits. . . 

One judge for each circuit 

One judge to be elected by voters of circuit 

Term of office of judge 

Judge to reside in circuit 

Removal of Juda:e from office 



Impeachment of Judge 

Salary of Judge not to be diminished during term. 

Ineligibility of Judge 

Court. Supreme — 

Judicial power vested in 

Jurisdiction of 

Number of Judges of 

Term of office 

State to be divided into districts 

Judges to be elected by electors of State 

Ineligibility of Judge 

Removal of Judge from office 



Impeachment of Judge 

Salary of Judge not to be diminished during term. 
Courts may be established by the General Assembly . . . 

To be open 

Of conciliation may be established 

Judges of, ineligible to certain offices 

County boards may establish asylums 

County debt not to be assumed by State 



2 
6 
6 
6 
6 
6 
6 

11 
11 
11 
11 
11 
11 
11 
11 
11 

11 

11 

1 

5 



9 
10 



INDEX TO CONSTITUTION. 
INDEX TO CONSTITUTION— Continued. 



339 



Indkx To Constitution. 




County not to be divided in apportioning State for senatorial districts 

County not to subscribe lor stock in corporation unless the same is 

paid for at time of sul)scription 

Not to lend credit to corporation 

Liable for school fund 

County, size of 

County officers, election of 

Crime, rights of person accused of 

Conviction of does not work corruption of blood or foi-feiture 

of estate 

Criminal prosecution, style of 

Trial by jury secured 

Jury judge of law and fact 

Debate, freedom of in General Assembly 

Debt, no Imprisonment for 

Public, certain moneys to be applied on 

Public, for what purposes it may be contracted 

Municipal, amount of limited 

Declaration of riglits 

Defaulters ineligible to office until money is repaid 

Departments, legislative, executive and judicial, to be ke{)t sepa- 
rate 

Disfranchisement of persons convicted of infamous crime 

Disorderly behavior. General Assembly may punish member for. . . 
Districts, senatorial and representative 

Judicial, number of same as number of Judges of Supreme 
Con rt 

Judicial, for Circuit Court 

Duel, giving or accepting challenge to fight, renders party ineligible 

to office 

Duration of office, not fixed by Constitution 

Education, General Assembly to encourage 

Elections, to be free and equal 

By the people, to be by ballot 

By the General Assembly, to be vim voce 

Of Governor and Lieutenant-Governor, to be by plurality of 

votes 

Election of civil officers by the people, to be on the first Tuesday 

after the first Monday in November 

Electors, when free from arrest 

Emigration, not to be prohibited 

Eminent domain 

Enacting style of laws '. 

Equal privileges, all entitled to 

Equality and natural rights of all men 

Evidence against self, no one required to give in criminal prosecu- 
tions 

Executive department, not to exercise legislative or judicial powers 

Expenses, statement of to be published with laws 

Ex post facto laws forbidden 

Finance 

Fines, excessive not to be imposed ... 



9 
9 
8 
15 
6 
1 

1 

7 

1 

1 

4 

1 

10 

10 

13 

1 

2 



2 
15 

8 
2 
2 
2 



2 
2 
1 
1 
4 
1 
1 

1 

3 
10 

1 
10 

1 



16 



340 



APPENDIX. 



INDEX TO CONSTITUTION— Continued. 



Indkx to Constitution. 




Freedom of debate in Cienenil Assembly 

Of sj)eeeli and of the press 

Of thonglit 

(Teneral Assembly to meet biennially 

Ctovernor may eall special sessions of 

Composed of two 1 louses 

Number of members in eaeb 1 louse 

Freedom of debate in 

To sit with open doors 

When session may be i\i seeret 

General Assembly may establish eourts 

May confer uj>on County I-5oards powers of a U>eal administra- 
tive eharaeter 

May by (.jovernor be eonvened at places other than the seat of 
government 

Neitiier house shall, without the eonsent of the other, adjourn 
for more than three days, nor to another place 

State oflii'ers may be removed upon joint resolution of 

To elect Governor and Lieutenaut-C4overnor when people fail 
to elect 

Election by, limited to what persons 

Not to grant titles of nobility nor confer hereditary distinc- 
tions 

Not to prohibit emigration 

Pay of members of 

Regular session of, length of limited 

Special session of, length of limited 

Members of ineligible to certain ofliees 

Quorum of 

Less than a quorum may adjourn and may compel attendance 
of absent members 

To invest common school fund 

To provide for uniform and equal rate of assessment and taxa- 
tion 

May grant pardon for treason 

Each house of judge of election, qualitication and return of 
its members 

Each house to have all powers uecessary for a branch of the 

legislative department of a free and independent State 

Governor — 

To be elected every four years 

Tern\ of office , 

Elected by pluralify vote 

Not eligible nmre than four years in any period of eight years. 
, Qualifications 

Who m ay not be 

Term of office, when it begins 

fyleetiou of, determined by Ceneral Assembly 

When elected, liy Oeneral Assembly 

Commander-iu-(^hief 

To ap|>oint Adjutant, Qn.artermaster aud Commissary Generals. 

Veto power of 

Yrtcaney in office of 



4 
t) 

5 

5 

1 
1 
4 
4 
4 
4 
4 

4 

8 

10 
5 

4 





5 
5 
12 
5 
5 



INDEX TO CONSTITUTION, 
TNDEX TO CONSTITUTION— Continued. 



341 



Index to Constitution. 




Governor — Continued. 

To give General Assembly information 

May require information in writing from officers of administra- 
tive departments 

To appoint ofiicers to fill vacancies 

To grant pardons and reprieves 

To grant pardon only with consent of counsel, wlien 

To issue writs of election to fill vacancy in General Assembly. 

During term, ineligible for other office 

To sign all commissions 

To keep State seal 

Grand Jury system may be modified or abolished 

Habeas corpus, privileges of writ of, not to be suspended except. . . 

Hereditary distinctions not to be conferred 

House of Representatives — 

Members of, may be instructed by the people 

Qualifications of members 

Number of members 

Members of, when exempt from arrest 

Members of, when exempt from civil process 

Bills for raising revenue, to originate in 

Not to adjourn for more than three days, nor to another place 
without consent of Senate 

Quorum of 

Less than a quorum may adjourn and may compel attendance 
of absent members 

To choose its officers and establish rules 

Judge of, the election and qualifications of its members 

May punish or expel its members 

May punish for contempt 

Privileges of members 

Election of members of 

Impeachment of State officers by 

Shall keep and publish journal 

Member of, may have protest entered on journal 

Election by, of civil officers to be viva voce 

Pay of members 

Returns of vote for Governor and Lieutenant-Governor to be 

made to 

House of Refuge 

Impeachment of State officers 

Tri al in case of 

Of county, township, town and city officers 

Imprisonment for debt prohibited 

Incompatible offices 

Infamous crime, person convicted of, may be disfranchised and ren- 
dered ineligible for office 

Inhabitants, census of male 

Insane, institutions for 

Institutions for insane 

Instructing of representatives 

Jeopardy, no person to be twice put in 



b 

5 
5 
5 
5 
5 
15 
15 
7 
1 
1 

1 

4 
4 
4 
4 
4 

4 
4 

4 
4 
4 
4 
4 
4 
2 
6 
4 
4 
2 
4 

5 
9 
6 
6 
6 
1 
2 
5 

2 
4 
9 
9 
1 
1 



342 



APPENDIX. 
INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Joint resolutions, how passed and authenticated 

Governor may remove State officers upon 

Journal, each liouse to keep and publish 

Protest of member of (leneral Assembly may be entered on. . 

Veto of Governor to be entered on 

Judges during term for which they are elected not eligible to any 
office other than judicial 

How removed from office 



Special .■•.••. 

Judges of Circuit Courts to be elected by people of district 

Term of office 

To reside in district 

To be paid a fixed salary 

Number of, determined by General Assembly 

Judges of Supreme Court, number of 

Term of office 

Judges of Supreme Court to be elected by people 

To reside in judicial district 

To be paid a fixed salarv • 

Judicial Department, not to exercise legislative or executive powers 

Jurisdiction of State 

Jury, trial by, secured in criminal cases 

Trial by, in civil cases 

In criminal cases, judges of the law and of the facts 

Justices of the Peace, to be elected 

Juvenile offenders 

Law, every statute a public, unless 

Jury, judges of, in criminal cases 

Laws, for injury to persons, property, or reputation, to have remedy 
in 

Power of suspension, only in General Assembly 

Ex post facto prohibited 

Local and special forbidden 

To take effect as provided in Constitution 

When to take effect 

Kevision of 

Lawyer, who may become 

Legislative department not to exercise executive or judicial power. 

Legislative power. General Assembly has 

Libel, in prosecutions for, truth a justification 

1 ,il)erty of the press 

Literature and science to be encouraged 

Lieutenant-Governor — 

To be elected quadrennially 

Time of election 

Elected by plurality vote 

Term of office 

When teru\ begins 

Qualifii-ations 

Who may not be 

Election of determined by General Assembly 

W^hen to be elected by General Assembly 



3 

14 
1 
1 
1 
7 
9 
4 
1 

1 
1 
1 

4 
1 

4 

7 
7 
3 
4 
1 
1 
S 

5 
5 
5 
5 
5 
5 
5 
5 
5 



INDEX TO CONSTITUTION. 



348 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Lieutenant-drovernor — Coiili)iiii'<l. 

President of the Senate 

When may vote 

Pay of 

Ineligible for other offices 

Becomes Governor on vacancy in office of Governor 

Vacancy in office of 

How removed from office 

Local and special laws prohibited 

Lotteries prohibited 

Magistrates and courts not to demand excessive bail, nor to im- 
pose excessive fines nor intlict cruel and unusual punisli- 

ments 

Men created eq ual 

Militia, of whom composed 

Governor Commander-in-Chief 

Governor to ai3{)oint certain officers 

All officers of to be commissioned by Governor 

Term of office of officers of 

Divisions of 

Sedentary and active 

What persons exempt from duty 

Subordinate to civil power 

Moneys not to be drawn from treasury for benefit of religious or 

theological institutions 

ISrurder and treason, when bailable 

Municipal debt not to be assumed by State 

Naval forces. Governor Commander-in-Cliief of 

Oaths and affirmations, how administered 

Of office 

OfTenses and crimes, prosecutions for, i-egulated 

Office of trust, certain persons not to hold 

Offices, plurality of, prohibited in certain cases 

Officers, commissions of 

Office, term of, when not fixed by Constitution 

Officers holding over 

Administrative, to be elected 

Judicial, to be elected 

Executive, to be elected 

Legislative, to be elected 

Pardon, Governor may grant 

Consent of Council required, when 

In cases of treason General Assembly may grant . . . . 

Passage of bills 

Penal code based on reformation 

People have right to keep and bear arms 

Have right to assemble and consult for common good 

Have right to instruct Kepresentatives 

Have right to petition for redress of grievances 

Have right to remedy for wrongs done 

Person, property and reputation, foi- injury to people shall have 
remedy 



5 
5 
5 
5 
5 
5 
6 
4 
15 



1 

1 

12 

5 

12 
12 
12 
12 
12 
12 
1 

1 
1 

10 
5 
1 

15 
1 
2 

2 

12 

15 

15 

15 

6 

7 

5 

4 



844 



AIM'KNDIX. 



INDKX ro CX)NSTITU'rU)N- CoiiliiuK'd. 



iNDh'.X TO CoNsrriH'TlON. 




IV-rsoiis in custoily not to hv (ivakMl with uiuuH-oss.-irv rigor 

I'd it ion, ri^lit of 

IMnrnlitv of ollii'os 

IMiiralitv of volos, (iovornor :uul Lioiitoniint-(>oYornor olortod l>y . 

I'owiM- inluMt-nt in tiio (tooplo 

I'owor of oiU'ii houso of (.iouoral Assoinhlv 

l'ri>ss, lihortv of 

rrivatc [iroporty (akon for public iiso, ooin|)iMisation to lio mkuIo for 

I'rosocutions for crimos and ofVonsos regniatotl 

/Vo tiiiipoiT appoinlniont. to oiVu'e 

Protost, nuMnbor of (ionoral Assombly may ontor on Journal 

I'ublic grounds t'ortain not to bo sold or loasod 

Publii" Instnu'tion, Suporintoudont of 

I'ubliration of statutes 

runisi\nuMits oruol anil unusual not to bo inlliotod 

(.^ualiiioations — 

Oi a votor 

Of (iovornor 

Of l,iouton!int-(.u>vornor 

0{ Sonators 

Of Koprosontativos 

Of oounty otHoors 

Iviob houso judgo as to, of niouibors 

Quorum 

Of Sonato 

Of llouso of Koprosontativos 

(>f Suproino Court 

Ivoooipts and oxpoiisos, statoniont of to bo publishod with laws. . . . 
Kooi>rdor, ("mmty 

To be olootod by votors of oounty 

Tiiuo of oloi't ion 

'IVrni of otHoo four yoars 

Not oligiblo for n>i>ro than oight yoars in any poriod of twolvo 
yoars 

(^nalitioations of 

Kosiilonoo of 

Impoaoluuont of 

1 low ronu>vod f ron\ otlioo 

Vaoanoy in otlioo of, how tilled 

l\ofornvation basis oi penal oode 

l\ogistratii>n i)f voters 

Koligious soot or donoiiiination, no subordination of inio to another. 
Koligious worship, national right to all uiou 

(Opinion free \o all 

Tost no»ie as a qualitioatiou for oHioo 

Koligious institutions not to be aided witli |>ublio moneys 

Heuiedios by reoinirso to the law to be free, ooniplote and prompt . 
Keprewntatives 

Nunibor of 

Qualifioations oi 

Term of >>tHoo of 

Apportionment of 

Privilogv^s of 



4 
4 
(? 
4 

4 
4 

10 





o 




o 




2 




o 




4 




(i 




8 




8 




9 




18 




2,14 




4 




2 




3 




5 




(> 




12 




.) 




( 




3 




o 




8 



INDEX TO CONSTITLfTlOX. 



345 



INDEX TO CONSTITUTION— Continued. 



Index to Constiti'I'ion. 




Kesidenee not acquired by soldiers, seamen and marines in the array 
or navy of the United States l)y being statiohed within State. 

Necessary qualification for voter 

Sailors, soldiers and marines in the army or navy of the United 
States do not acquire a residence by being stationed within 

the State and can not vote 

Salaries of judges of supreme and circuit courts not to be dimin- 
ished during term 

Schools, common 

School fund 

County liable for 

Seal, State, to be kept by Governor 

Seamen. See Soldiers. 

Search, seizure and arrest, right of regulated 

Secretary of State — 

To be elected by the people 

To hold ofiice for two years 

Not eligible for more than four years in any period of six years. 

To reside at seat of government 

How removed from office 

Vacancy in office of, how filled 

To attest all commissions 

Senate, number of members of 

To be elected 

Time of election 

Qualification of members of 

When members of, are privileged from arrest 

Not to adjourn for more than three days nor to another place 
without consent of House 

Quorum of 

To establish rules and choose officers 

Judge of election and tjualification of lueiiiliers 

May punish or e.xpel members 

May punish for contempt 

Shall try impeachments by the House 

Vacancies, how filled 

Apportionment of members 

Lieutenant-Governor, president of 

President pro tern, of 

Shall keep and publish journal 

Members of, may have protest entered on journal 

Services, when particular are required by State — 

Compensation to be made 

SherifT to be elected 

Term of office 

Not eligible more than four years in any period of si.x years . . 

Qualifications of 

Residence of 

How removed from office 

Vacancy in office of, how filled 

Slavery prohibited 



/ 

8 

8 

8 

15 



6 
6 
6 
6 
6 
5 
15 
4 
4 
2 
4 
4 

4 
4 
4 
4 
4 
4 
() 
5 
4 
5 
5 
4 
4 

1 
6 
6 
6 
6 
6 
6 
6 
1 



M6 



APPENDIX. 



INDEX TO CONSTITUTION— Continued. 



1^M)KX TO CONSTITI'TION. 




SnliliiM', in timo o( }n':u'o, not to bo quiu'loroil in anv lioiiso without 
I'onsiMit of ownor, nor in time ol war Imt in manner pre- 

seribeil by law 1 

SoKliers, seamen and marines in the army or navy ot the I'nited 
States do not j^aiu residenee in State by being stationed 

tlierein and ean not vote 2 

Siieeial aets, when jn-oliibited 4 

Speeeh, treeiU>ni of 1 

Sttite — 

Provisitnis may be m;ule for snits auaiiist 4 

Not to assume munieipal iudebteilness nor ilebt of eorporation. 10 

Sliall not pay indebtedness of Wabash and Erie Canal 10 

Uoundaries of 14 

Jurisdietiim of 14 

State institutions 

For deaf and dumb 9 

For insane 9 

For juvenile otl'enders 9 

County asylums 9 

State seal to be kept by liovermu- 15 

Statement of reeeipts and expenses to be published with laws 10 

Statutes are [uiblie laws 4 

When to take etl'eet 4 

1 

Superintendent of Publie Instruetion 8 

Supreu\e Court — 

N lunber of ,1 udges 7 

To be eleeteil by people 7 

Jurisdietion of 7 

Salaries of .1 udges to be tixed 7 

QuiM'uin of 7 

Keumval of .1 udges from ofliee 6 

Kemoval of Judges from otliee 7 

.Indieial distriets 7 

IVeisions to be in writing 7 

IVeisions of, to be printed 7 

Clerk of. to be eleeted 7 

Term of otliee 7 

Duties 7 

Surveyor, C\ninty, to be elwted by voters of eonnty 6 

Timo of eleet ion i 6 

Term of otliee, two years I 6 

t^nalitieation of t> 

Kesidenee vd" 

Impeaehmeut of 6 

How renuned from otfiee 6 

Vaeaney in otliee of, how tilled ; 8 

Suspension of laws 1 

Oi writ of habeas corpus 1 

Taxation to be unifonn and equal 10 

Wliat property may be exempted from 10 

Test, no religiiuis. required t\u- otliee 1 

Theologieal institution not to be aided bv State 1 



INDEX TU CONSTITUTION. 



Ul 



INDEX TO CONSTITIITION— Coi.tiniu'd. 



IndI'Lv to ('onstitution. 




Tippecanoe battlo-grouml 

Title of nobility not to be granted 

Town and township ottieers, bow impeached 

Town and township otlic^ei's, lu)W removed 

Town and township otlices, vacancies in, how filled 

Township officers, election of . 

Treason defined 

Trial for regulated 

When bailable 

(ieneral Assembly may grant pardon for 

Treasurer, County — 

To be elected by votes of county 

Time of the election 

Term of office 

Not eligible more than four years in any {period of six ycai's 

Qualifications of 

Residence of 

Impeachment of 

How removed from office 

Vacancy in office of, how filled 

Treasurer, State — 

To be elected by the voters of the State 

Term of office, two years 

Duties of 

Not eligible more than four years in any period of six years 

May be impeached 

May be removed on jf)int resolution 

Vacancy in oflice of, how filled 

Kesidence'of 

Trial by jury, right to in civil cases secured 

Right to in criminal cases secured 

Vacancy — 

In the office of Cxovernor 

In the office of Lieutenant-(TOvernor 

In the office of Senator or Representative 

In a judicial office 

In the office of any other State ofliicer 

In county, township and town office 

Veto power of Governor 

Voters, registration of 

Qualifications of 

When soldiers, seamen and marines are not 

When exempted from arrest 

Wabash and Erie Canal, debts of, not to be paid by State 

Witness not incompetent by reason of religious opinions 

To meet accused face to face 

In criminal cases one not obliged to be against himself 

Worship, people to be secured in right to 

Yeas and nays, vote by — 

When may be oi'dered on motion to adjourn 

When may be ordered generally 

Recjuired on final vote on j)assage of 1)111 or joint resolution.. 



15 
1 
(i 
() 
() 
6 
1 
1 
1 
5 

() 
(5 
6 
() 

6 
6 
(> 
G 

() 
(•) 
6 
(i 
H 
6 
5 
6 
1 
1 



5 
C) 
T) 
2 
2 
2 
2 
10 
1 
] 
1 
1 

4 
4 
4 



SKC. 


NOTE. 


109 




228 






•4 




18 


'-108 




92 




91 





INDEX, 



ACCOUNTS— 

Auditing Board, see. page. 

Corrected by County Commissioners 127 

Inspection by Auditing Board 205 

Mistake in failure to keep, overpayment 113 

Neglect to keep, no recovery for overpayment 115 

Open to inspection 127 

Record of to be kept by Trustee 115 

Trustees must keep 112 

AFFIDAVIT— 

Failure to give does not render law invalid 235 .... 1 

Publishers of school books to furnish 58 27 

AGE— 

Children (of) subject to compulsory Education Law .... 208 238 

School children 113 118 

ALCOHOL— 

Effect on the human system to be taught 167 161 

Teachers examined as to effect 168 162 

Dismissal for refusing to teach 168 163 

ALIENS— 

When may be elected School Trustee Ill 8 

APPARATUS— 

Trustee furnishes 1 16 94 

APPEAL— 

Auditing Board, from .' 207 233 

Dismissal of County Superintendent 85 .... 7 

Who serves in meantime 85 .... 7 

Examination, teachers may appeal frf)m 88 .... 2 

Excluding pupil from school 179 177 

How taken 179 1 

Notice of, in suit brought 197 215 

School house, location 121 31 

Decision on final 170 .... 6 

Effect of 170 .... 2, 4 

Petition for not necessary to authorize 171 1 



350 SCHOOL LAW OP INDIANA. 

APPEAL — Continued. page. sec. note. 
To County Superintendent — 

Decision of on local question tinal 198 216 

Director, from 179 177 

Location of school house 198 .... 1,2 

Notice of hearing 197 215 

School house, to build, no ai)peal 198 .... 1 

Time of 199 217 

Trial before, how conducted 199 3 

Trustee, from , 198 216 

To Superintendent of Public Instruction — 

Bond for costs necessary -. 199 217 

From County Superintendent 92 78 

How taken 92 78 

Trial, how conducted 199 1 

200 .... 2, 3, 4 

Transfers, concerning 138 .... 3 

139 .... 13 
APPOKTIONMENT— 

Amount of revenue apportioned 143 128 

How determined 143 .... 3 

Congressional township fund 214 .... 2 

County Auditor to township 145 133 

Congressional township fund 145 133 

How made 145 133 

Method valid 146 1 

Report as to 145 133 

Rule for making 141 4 

Diminished for Trustee's neglect to report 126 104 

Distribution to counties 143 130 

Dog fund, city entitled to a part 148 1 

How made 148 2 

Town entitled to a share of 148 1 

When made 147 135 

Enumeration, retaken, void for 140 121 

How made 143 128 

Interest on sinking fund 147 134 

Liquor license fund 214 .... 2 

Law as to constitutional 143 .... 2 

Payment to counties 143 130 

Printed statement concerning 143 129 

Where filed 143 129 

Reports from counties concerning 141 124 

Contents of 141 125 

Revenue of 49 13 

Superintendent of Public Instruction makes 141 123 

Revenue (of ) makes 141-143 123-128 

Tax for school revenue for tiitiou iiiiul 127 110 

Tuition, local, tax, is not 146 133 



INDEX. 851 

APrORTIONMEI^T -Continued. i-A<ii.;. skc. notk. 

Unapportionod balances of revenue 14;j l.'!2 

Warrant for given to County Treasurer 144 I'M 

Wliat funds by County Auditor 214 2 

F>y Superintendent of Pnblie Instruction 214 2 

When made 141 12;^ 

APPROPRIATIONS— 

Farmers' Institute, to support 292 491 

Normal Sdiool, for buibUngs 252 .... 1 

Repealed 294 494 

Purdue University, for, repealed 294 494 

School Book Commission, for ()4 89 

67 45 

82 09 

State University, for, repealed 294 494 

Traveling expenses of Superintendent Public Instruction 50 15 

ASSAULT AND BATTERY— 

What is in punishing pupil 178 3 

ATTORNEY FEES— 

Can nut be deducted from school funds 21()- .... 4 

214 .... 3,4,6 
County Superintendent, when lial)lt'(>n (illiciai l)ond for. 69 48 

School books, suit con<'i'rning tiS 40 

75 60 

School funds, can not be deducted from 47 .... 4 

210 .... 4 

214 .... 3, 4, 
Suit on County Superintendent's bond concerning school 

books 62 36 

Trustee liable for on bond for illegal issue of warrants. 207 234 
In suit on olficial bond concerning school books. . . 62 34 

ATTORNEY-{iEN ERA L— 

Sues School Hook Contractor on bond, vvlien 82 70 

Suit c(iiicci'ning school fund, may bring 21G .... 3,6 

AUDITINCl I'.OAKl) - 

.\ct concerning construed 208 230 

.Acceptance of warrant on controverted claims, efl'ect . . 207 231-232 

Appeal concerning allowance, may be taken 207 233 

Compensation of Hoard t"or services rendeivd 208 235 

Controverted claims heard by Circuit Court 206 230 

Order of Court on 207 231 

County Commissioners constitute 205 228 

Duty to investigate township accounts 205 228 

Meetings of, when and where held 205 228 

Record book for, provided 206 229 

Contents of 200 229 



352 S(M1(M»1. LAW OF INDIANA.. 

Al'niTliNO !U)AKl> (\>iitimu(l. i'agk. skc. notk. 

Report to Ciivuit (\)uit. makos •JOti 280 

Contents of 20H 280 

Tiixpnvor may appear before "JO"! 228 

May eontest warrant 205 228 

May etM\test elaini in (,'irenit I'ourt 20(1 280 

Kxpenses of iviinl>urse(l 200 230 

ArinroKs - 

("ounty Aniliti>rs, set'. 

\vn\o\i 

Revises his books, when 77 64 

Seliool books, may fnrnisii 58 27 

Gift i)f, may make 58 27 

HANK^ 

lVpi>sit of sehool fnntls in, liability 103 .... 13 

HANK smCK 

Liable to tax levy 121) 4 

BANK TAX FUXn 

Common sehool fund belongs to 44 2 

213 248 
REQUEST— 

Donations, set. 

To sehools 184 18t> 

BIHLE— 

Not to be exelnded fn)m sehools U>2 154 

Tse of. ii\ sehools lt)2 1,2 

in.ANKS 

Siiperinteiulent of Tublie Insirnetion, prepate 51 18 

1U>N'1>S 

Appeal from Connty Snpeiintemlent \99 217 

Cities may sell 14i» 13(5 

donations for selu>ol house, to aid 184 180 

Interest on. rate of 184 18t5 

Issue of. limited 184 180 

IVtition for issiuune of 18'> 187 

Reeording 185 187 

Registering 185 187 

Sale of bonds 185 188 

Vote neivssary to anthorize issuanee 184 18t.> 

Majority of, what is 185 187 

Library for, issued by Sehool (Commissioners U)3 204 

lVuominati»>n 15)3 204 

Intetvst, rate of li)3 204 

Limit 103 204 

Renewal of forbidden 103 204 

Tax to pay 104 2t)5 



INDEX. 



358 



BONDS— Continued. page. sec. note. 

School Coniniisstoners may issue 159 149 

160 150 

Interest on, rate of 159 149 

160 150 

Limit of issue 159 149 

160 150 

School house to complete 149 136 

Denominations on 149 136 

Interest on 149 136 

Leave to issue, who grants 149 136 

Limit of amount 149 136 

Petition to secure issuance 149 136 

Tax to pay 151 138 

Apjilication of 151 138 

Limit of 152 138 

School house, conditions authorizing issuance of 149 13G 

150 .... 1 

House, where located 150 3 

Law authorizing valid 150 .... 2 

Tax for, must levy 152 2 

School house, to complete, enjoining issuance of 150 .... 6 

Use of proceeds 150 

Bond to secure 150 

State University, non-negotiable, issued to 257 

Surplus special revenue paid on 123 

Payments heretofore legalized 124 

Taxation to [)ay 151 

Towns may sell 109 

114 

Townsh ips may issue, when 184 

114 
Transfers liable for tax to pay 151 

BONDS, OFFICIAL— 

Borrowed money, when does not cover 110 .... 1 

City School Trustees give 106 88 

Amount 106 88 

Approval 106 88 

Treasurer of Board gives 106 88 

Amount 106 88 

County Superintendent gives 83 73 

Additional, concerning school books 62 35 

Liability on 62 36 

Obligation of 02 35 

Removal for neglecting to file 62 35 

86 .... 19 

Amount of 83 73 

Approved by County Auditor 83 73 

Surety to be freeholder 83 73 

23— Sen. Law. 



137 
137 
357 
100 
101 
138 
136 

186-188 

138 



11 



11 



354 



SCHOOL LAW OF INDIANA. 



BONDS, OFFICIAL— Continued. page. 

Damages, ten per cent, added in suit on Ill 

Defects in, officer can not deny liability on 115 

Extent of liability Ill 

Overpayments by Township Trustee, set off Ill 

School books, bond on revision 81 

Contractor of, new, when gives 82 

Neglect to give 82 

Suit on, for sales of books 62 

Trustee liable for sales, on 68 

Trustee's 110 

Amount of 110 

Failure to report, liable on 126 

Illegal issue of warrant 207 

Loss of funds, liable on for 113 

Neglect of duty 126 

113 

School books, liable for, on 60 

66 
68 

Attorney fees, covers 75 

Judgment on, kind 75 

Neglect as to 75 

Township Trustee's, covers both civil and school 

township Ill 

Woman, married, can give 201 

BOOKS— 

Corrected by County Commissioners 127 

County Superintendent delivers to successor 91 

Delivering of to successor, secured by mandate 107 

113 

Inspecting, public may 116 

School books, see. 

Trustee's, open to inspection , . 127 

BOOKKEEPING— 

Forms and modes of, who prescribe 51 

BOEEOWING MONEY— 

Funds on hand, none can be borrowed 103 

Powers of Township Trustee as to 102 

BOEEOWING SCHOOL FUND— 

County Auditor can not 233 

220 

But if he does, he is liable to refund 237 

Fund, see. 



NOTH. 

12 
21 
13 

7 



11, 



68 
70 
70 
34 
46 
90 
90 
104 
234 

105 

32 

42 
46 
60 
60 
60 



220 



109 

77 



107-108 



19 



13 



12 
5 
2 



14 
10 



3 

1,2 
2 



SEC. 


NOTE. 


160 






1 


161 




160 






6 




1 




3 


161 




165 





INDEX. 355 

BRANCHES TAUGHT— page. 

Additional, when must be 166 

166 

Alcohol, its effect 167 

German, when must be 166 

167 

Latin, wiien may be 166 

Music may be 167 

Narcotics, its effects 167 

Voters of school district determine 169 

BRIBERY— 

What is, as to school officer 120 .... 24 

CALENDAR— 

Defined 164 156 

certificate- 
Loss of, new one issued 230 .... 1 

CHILDREN— 

Pupils, see. 

CIRCUIT COURT— 

Township claims passes upon 206 230 

CITY- 

Boards, see. 

County Superintendent has no control over 92 78 

93 .... 3 

District school meeting does not have . . .■ 169 1, 4 

Dog Fund, entitled to a part of 148 1 

.loint graded schools in 122 96 

Library, see. 

Name 104 I 

Pupils outside admitted 151 138 

Revenue, interest in surplus 123 100 

School city, see. 

School Commissioners, see. 

School corporation is 104 87 

School house, see. 

Can not pay for out of general fund 124 .... 1 

School Trustees, bonds give 106 88 

Election 105 88 

When held '. 105 88 

106 .... 2 

Failing to report, fined ; . 126 104 

Lucrative, office is 107 .... 6 

Meetings of 106 88 

Oaths 106 88 

Organization of 106 88 

Pay of 106 88 

How made 106 88 



356 



SCHOOL LAW OF INDIANA. 



1,2 



CITY— Continued. page. sec. note. 

School Trustees, President of Board 106 88 

Eeorganization of Board, when 106 88 

Resignations of .• • • • 106 .... 3 

School Board hecome 106 88 

Secretary of 106 88 

Terms of 106 88 

Treasurer of 106 88 

Bond of 106 88 

Vacancy in office of 106 88 

Suit, may bring 104 87 

Costs of, when not recoverable 197 214 

How brings 197 213 

197 

Superintendent for, may employ 122 95 

Duties ." 122 95 

Salary of, how i)aid 122 95 

Truant officers, duties as to 209 239 

CITY CLERK - 

A School Trustee may be „.,.., 108 .... 

CIVIL TOWNSHIP— 

Bond of Township Trustee, may sue on 102 

Contracts as to schools, can not make 101 

Intent to bind for school debt 102 

Devise to, when goes to school township 102 

Name. Courts will not take notice of 104 

Presumption from use of 102 

School house, can not build 102 . 

School tax, not liable for 102 

Townsliips, see. 

COLORED CHILDREN— 

Enumeration of 134 118 

137 

Law as to, constitutional 164 .... 

Normal school admitted to 253 .... 

Purdue University admitted to 287 .... 

Separate schools provided for 44 .... 

164 

Higher grade for 164 157 

State University, admitted to 264 .... 3 

Trustees can not be compelled to provide separate 

schools for 164 .... 2 

COMMON COUNCIL— 

Office of not lucrative 108 .... 16 

School trustee elect 105 88 

When 105 88 



20 



4 
1 

2 
3 
18 
6 
5 
9 



7 
1,3 
3 
3 
5 
157 



INDEX. 357 

COMMON SCHOOL FUND— 
Fund, see. 

COMPLAINT — PAGE. SEC. note. 

Ettect of amendment on statute of limitations 104 .... 17 

COMPULSOEY EDUCATION LAW— 

Age of children subject to '. 208 238 

Attendance on private school sufficient 208 238 

Custodian of child liable to fine for disobeying 209 239 

Exempt from, when child is 211 247 

208 238 

Guardian liable to fine for disobeying 209 239 

Parent of child liable to fine for disobeying 209 239 

Poor children assisted 210 244 

List of those aided 210 244 

Payment for, how made 210 244* 

Tax to support 211 246 

Truant officer, appointment 210 240 

209 239 

City or town, for 210 240 

County, for 209 239 

Duties 209 239 

Notify custodian of child as to truancy 209 239 

Pay for 210 241 

Report as to appointment 208 238 

Term of 210 242 

What children must attend 208 238 

CONGRESSIONAL TOWNSHIPS— 

Boundaries of 219 255 

Enumeration of, who takes in different townships 140 122 

Fund, belongs to schools 44 2 

212 248 

Consolidation of void 44 .... 1 

Interest on, no deductions from 47 .... 4 

What is 213 248 

Lands of 217-219 252-254 

Civil township, has charge of 116 94 

Drain, cost of, not taxable for 222 2 

Revenue, of apportionment of 145 133 

CONSIDERATION— 

Township orders must have to be valid 103 .... 16 

CONSTITUTION- 

Provisions with respect to schools 43-47 1-8 

CONTAGIOUS DISEASES— 

Does not deprive teacher of his right to his salary 120 19 

Epidemics, see. 



858 



SCHOOL LAW OF liN DIANA. 



(X)NTliA('T- • PAGR, 

Abolition of school does not effect teacher's 109 

Bliml< in teaciiers, iiiiinf;' up by orui evidence 173 

lireiU'iies of teacher's, township liable for 173 

Civil township can not make for school townsliip 101 

Intention to bind, considered 102 

Defacto Trustees may make 104 

108 
109 
175 

Furniture for, valid •. 118 

How made 101 

102 
118 

Illegal design of Trustee does not avoid 109 

Injunction to prevent execution of 176 

Interest of Trustee in avoitls 118 

Penalty as to 118 

Majority of Board of Trustees must make 109 

Notice of power of Trustee to make, must be taken 105 

103 

Old school board's binding on new board 107 

Katilication of, how done 108 

School township may make 101 

School Trustees, act as a unit in making 107 

Showing as to, what necessary to bind township 219 

Signing 69 

Teacher's, need not be 174 

Teacher, makes with township 117 

Can not be contrary to the law 175 

Verbal, is valid . .'. 117 

When can not make 117 

Township, what bound by 103 

Trustee can not contract with himself 117 

Valid, when 203 

CONTKACrOU— 

Schocd books, see. 

Number needed, notified as to 60 

Report to concerning number sold 62 

CONVERSION— 

Revenue for schools, what is a conversion of 112 

CORPORATIONS 

Civil and school arc difVerent 104 

105 
Each municipal corporation is a school corporation.. . . 104 
Incorporating a town, school property within belongs to. 104 

Nanu' of 104 

Suit against, how sued 104 

Mav bring 104 



86 



NOTE. 

32 

2,3 

2 

1 

2 

19 

28 

35 

11 

10, 12 

1 

2 

13 
34 
15 
13 
13 
33 
10 
11 
11 
26 

14 
4 

31 
3 
6 
9 
6 
7 

11 

5 

1 to 4 



32 
36 



87 



87 



INDEX. 



359 



COUNTY— PAGE. SEC. 

Common School Fund not demanding 46 5 

Liable for 45 4 

ReceivCvS 45 4 

Interest, liable for 225 

No deductions from 47 

Reimbursing for interest paid 227 

Rents of, Congressional Township P^und liable for 46 

Suit for, h(jw brought 46 

To whom belongs 46 

School house, can not build 186 

Settlement as to school fund no bar to suit 47 

COUNTY AUDITOR— 

Account of School Trustees, examines 127 

Apportionment of school revenue, makes 145 

Penalty for neglect as to 146 

Bond of County Superintendent approved 83 

86 
Books of examined by Superintendent of Public In- 
struction 50 

Bookkeeping, forms for provides 51 

Borrowing, school fund can not 220 

City School Trustees' bonds approved 106 

Congressional Township Fund, duties as to 217 

220 

Deeds for school land, makes 231 

232 
Election of County Superintendent, clerk of Board of. . 85 

85 

Casting vote gives 85 

85 

Delaring who elected, can not 85 

Reports to Superintendent of Public Instruction . 83 
Enumeration of children of Congressional township, 

divided 95 

Fees concerning school lands must be paid by county. . 222 

Fov posting notices as to 242 

School lands, sales of 228 

State University lands, sales of 281 

Foreclosure of School Fund mortgage, may make 242 

Judgment on 242 

Irregularities of does not invalidate loan 235 

Knowledge of prior mortgage does not invalidate 

school mortgage 233 

Loan to himself, can not make 233 

But mortgage valid 237 

Penalty for neglect to report amount of revenue 142 127 

Proceeds of sales of school section, manages 217 



108 




133 




133 




73 






19 


12 




19 






1,2 


88 




252 




257-261 




290 




292 






4 


73 






4 


73 






4 


73 




82 




.... 


1 




2 


282 




456 






1 




3 




3 




1 


• • • • 


3 


• • • ■ 


2 



360 



SCHOOL LAW OF INDIANA. 



COUNTY AUDITOR-Continued. page. sec. 

Report by not conclusive 45 .... 

School Fund, condition of 247 329 

Distribution of 250 335, 336 

School revenue 141-142 124^126 

Penalty for not making 142 127 

State University lands, sales of 281 456 

To Superintendent of Public Instruction 51 17 

Revenue, amount of reports 141 124 

Contents of 141 126 

School Funds — 

Accounts, keeps 26 251 

220 258-261 

24 334 

Condition of reports 221 260 

247 229 

Distribution of 221 259 

250 335 

Reports of 250 335 

Penalty for not making 250 336 

Loans of, makes 233 298 

Acknowledgment takes 237 307 

Oaths, administers 237 307 

Realty mortgaged for 233 298 

Appraisement of 233 299 

Indemnifying bond 234 303 

Interest unpaid 238 311 

Mortgage as to 289 313-315 

Record of 237 308, 309 

Suit against to cancel 240 .... 

Sales of 241 315 

242 319-323 

Bids on 244 

Deeds under 246 326, 328 

Satisfaction of 241 318 

Warrants for 241 316 

School Lands — 

Certificate of purchase 227 280 

231 289, 290 
Assignment of 228 283 

Deed for 231 290 

232 292 
Purchase money, payment of 233 294 

Refunding of 233 294 

Sales of 223 269 

225 271 

225 275 

231 291 

233 293 

234 295 



11 



INDEX. 361 

COUNTY AUDITOR -Continued. 

School Lands — Continued. page. sec. note. 

Sales of, fees for 223 269 

How paid 222 1 

Suit for first payment 228 281 

For waste 225 274 

School revenue, reports as to 236 306-308 

Penalty for not making 237 309 

School Trustees, accounts inspects 228 282 

Special school tax levy, places on tax duplicate . . . 129 .... 4 

130 113 

State University, sale of lands 281 456 

Fund of, manages 284 467 

Tax, reports to Superintendent of Public Instruc- 
tion 141 124 

Contents of report 141 125 

Town Trustees, bonds approve 106 88 

Trustee, appoints to vacancy 110 90 

Law concerning repealed 110 .... 5 

Reports to Superintendent of Public Instruction. . . 110 90 

What funds apportions 214 2 

COUNTY BOARD OF EDUCATION— 

Contracts can not make 99 

Course of study adopts 98 

100 

County Superintendent president of 98 

Duties, generally 98 

Formation of 98 

Furniture for school, duty as to 98 

Holidays, illegal rule as to 99 

Illegal rulings as to licenses 99 

Meetings, semi-annually 98 

Powers of 98 

President of, who is 98 

Pro tempore 98 

Quorum 98 

98 

Record of proceedings kept 99 

Rules may adopt 99 

School matters in charge of 98 

Text-books, changing 98 

Law as to repealed 99 

Except as to High School 99 

Township libraries regulates 98 

Trustee member of 98 

Who compose 98 

COUNTY CLERK— 

Reports to Superintendent of Public Instruction 51 17 





3 




2 




11 


85 




85 




85 




85 






8 




7-8 


85 




85 




85 






2 


85 






2 




2 




2 


85 




85 






4 




4 


85 




85 




85 





302 SCHOOL LAW OF INDIANA. 

COUNTY COMMISSIONERS— page. sec. note. 

Appeal from decision dismissing County Superintendent 85 .... 7 

Who servos in the meantime 85 .... 7 

Auditing Board, ,sft'. 

Boolcs and accounts of trustee corrects 127 109 

127 .... 1 . 

Witnesses concerning may call 127 109 

County Auditor's report of examines 247 330 

County Superintendent may remove 84 73 

At speeial session 86 .... 20 

County Treasurer's report of examines 247 330 

Deficit in school fund makes up 216 .... 2-5 

I\)or children assist 210 244 

165 159 

Report of School Trustee approved 112 91 

Effect of 112 91 

Filed with County Auditor 112 91 

Report as to school fund 248 331 

Sessions, powers of, at 114 .... 16 

Special tax levy, approval of, unnecessary 129 .... 2, 3, 7 

Tt)\vnship indebtedness, may authorize 202 224 

Trustee's accounts, may inspect 248 330 

May remove, when 127 109 

Vacancy in Township Trustee's office, fills 202 223 

COUNTY INSTITITTES— 
Institute, ■•<cc. 

COUNTY SEMINARY FUND— 

t'ominon school fund belongs to 44 2 

213 248 
COUNTY SUPERINTENDENT— 

Advice of, no defense 113 .... 2 

Appeals from 92 78 

1 low taken 92 78 

Appointment of 83 73 

Apportionment of school revenue, makes 95 81 

Basis 95 .... 1 

Duty as to 97 83 

Bond, official, gives 83 73 

Amount of 83 73 

Approval, County Auditor does 83 73 

86 .... 19 

Failure to give, effect 86 19 

Special, gives concerning school books 62 35 

68 47 
Obligation of 62 35 

69 48 
Removal for neglect to give 62 35 

Suretv must be a freeholder 83 73 



INDEX. 



363 



COUNTY SUPEKINTENDENT— Continued. pagb. 

Books, delivers to snceessor 91 

Of accounts of Trustee inspects 127 

Witnesses as to may cali 127 

Care and oversight of schools, has 93 

Changing site of school house, or on petition 171 

City exempt from authority of 92 

93 

County Board of Education, president of 98 

County Institute, holds 188 

Course of study, when controls 93 

Damages, when liable for 89 

Decision, recording 92 

Defacto officer, who is 85 

Discretion of can not be controlled 89 

Dismissal of, appeal to Circuit Court as to 85 

Cause for 84 

Notice as to 84 

Petition for 84 

Trial for 84 

Who serves when appeal has been taken 85 

Docket examined 97 

Duties, generally 92 

Election of, adjournment of without making 84 

Acquiescing in 85 

Ballots, using .* 85 

Testimony as to on contest 85 

Biennially held 83 

Casting vote. Auditor gives 84 

85 

Clerk of. Auditor is 85 

How held 83 

Mandamus to compel 85 

Mode of 85 

Questioning regularity of 86 

Quorum of Trustees, what is 85 

Quo warranto to test 85 

Trustees elect 83 

Trustee can not vote for himself 86 

Votes, number necessary 86 

Eligible to office, who is 85 

Embezzlement as to school books 63 

69 
75 

Enumeration by, when takes 93 

94 

Duty as to 140 

Failure to report, penalty 94 

How paid for making 93 



108 




108 






1 


169 




78 






3 


85 




193 






4 




5 




2 




6 




8 




7 


73 




73 




73 




73 






7 


84 




78 






3 




12 




11 




11 


73 






4 


73 




73 




73 






3 




4 


.... 


15 




2 




6 


73 




.... 16 


17 




18 




5 


38 




49 




61 




79 




80 




121 




80 




79 





364 scuooi; i;A\v ov Indiana. 

COUNTY SUPRRTNTENnEN'r (V.ntiiuioa. ■ page. sec. 

l<juiiiuM'ali(iii by, ivport i>f oxaininor 1-10 121 

Ketiikos, vvlien 1 40 121 

Pay for 140 121 

Suit aiiainst Trustee, as to, briugs 93 79 

Exaniination of teachers, eouiluets 87 74 

Private, can uot \\o\d 91 76 

Wben holds 91 

Fuuds for schools, may sue Un\ when 97 84 

Interest on fund, duty as to deiicit 97 83 

Percentage, uot paid to 97 83 

Libel against, what is 99 .... 

License, nee. 

Revocation of 90 75 

Cause for 90 75 

90 

Kf!ect 90 75 

Malicious act. liable for 89 

]\[audaiuus to compel delivery of records 86 

INleilium tk)r school ci>mmunicatious 92 

Oaths 83 

Otiice, county uot required to provide for 96 

85 

Opinions on school matters, gives 92 

Pay of, auu)unt 95 

97 

How a llowcd 95 

How pa id 9o 

Limit of 95 

Statistics, reporting 97 .... 4 

Pertiuisites, not entitled to 9(3 82 

Record of proceeding, keeps 91 77 

Decisions, failing to enter in 92 .... 2 

Parol evidence to prove contents 92 1 

Kemoval for failure to give bond 62 35 

Dismissal, see. 
Report, annually makes to Superintendent of Public 

Instruction 94 

Basis for revenue distribution 95 

Contents 94 

When makes 51 

School Tmstees filed with HI 

Statistical information of, makes 94 

To Board of County (\)mmissioners 97 

To school book contractor 69 

Resignation, itcceptance 86 

Rules for schools, may adopt 108 





5 




13 


78 




73 






1,2 




8 


78 




82 






3 


82 




82 




82 





80 




81 




80 




17 




91 




80 




84 




48 






J4 


, , 


23 



INDEX. 365 

COUNTY SUPERINTP:NDENT— Continued. page. sec. note. 

School books daiuageil, notice of gives 71 51 

Duty as to price, marks on 71 52 

Laws as to circulate 71 53 

82 71 

Liable for sales of on official bond 62 36 

Money for sales of receives 61 33 

Notifies Trustee of receipt 60 32 

Number needed, certifies to 60 32 

Turchases from 60 32 

Kequisition for, scales down 65 41 

78 64 

Revision of, notice gives to Trustees 78 64 

Sales, reports to contractor 75 59 

Cash to accompany 75 59 

Contents of reports 75 59 

Duplicate, files in Auditor's offices 75 59 

•Suit for sales, brings, when 62 34 

'Unsold orders returned to contractor 66 42 

Credit for 66 42 

Freight on, who pays 66 42 

Schools, supervises 92 78 

School Examiner, office of abolished 84 73 

School fund, duty as to 97 84 

Strhool house, decision as to final 199 .... 4 

Can not locate 170 2, 4 

State Board of Education obeys 92 78 

Statistics, furnishes 94 80 

Suit against Township Trustee, may bring 94 .... 1 

School books, as to 68 46 

When brings 97 84 

Teachers, see. 

Teachers Institute encourages 92 78 

Term of office • 84 73 

85 .... 8 

Township Institutes, attends 92 78 

Townsliip Trustees, elect 83 73 

Transfers, reports to County Auditor 130 113 

Truant officers, duty as to appointment 209 239 

Trustees' accounts, inspects 127 108 

Vacancy in office, how filled 84 73 

Term of 84 73 

Vacates office by neglect 62 35 

68 47 

Visits schools 92 78 

93 .... 2 

Witness, competent as to enumeration 93 79 



iUU) 8CMI001, 1,AU OV INDIANA. 

COUNTY TREASURER— i-aok. skc. ndtk. 

lm'oiuinj>;(.'n(itloil to rovoimos UH' .... oS 

Report ns to -•^i-hool I'lim! "J 17 o'2\) 

51 17 

'I'o Sci\ool ('ominiss'uinor,<; liVJ 'JO'J 

Si'i\(>ol JMiuls, .-^UKt'iiu'iu ,is to .sales for :247 S'27 

Scliool lovouuo tor Siau', ooiloi'ls 2.Si) 818 

Slalo I'liivorsiiy, roiioris to Tnisteos of 281 407 

Sales of lauds, reports 'JSl 457-458 

Special seliool lax, eolle<'ts ['19 .... 5 

180 113 

Suit, luay bfinu' ;i^aiu>t predeeessor li'O 37 

'1 ax. (>ays lo School l~oimuissioners iJl'J '202 

Keeeipl for reeeives on payment \9'2 '20'2 

Kepori to luaUes l\)2 202 

OOrKSK OV STIPY 

('oiiuly Hoard of Mdueat ion may adopt. 08 .... 2 

!00 .... 11 

Leiiislature may adopt 00 .... 5, (> 

57 2 

(HHKTS 

.luiisitietion not abridged by sehool law 92 78 

OKniKS 

(.Miangiiig site of sehoollionse, when fiuhidden 172 l(iO 

(.\Mupiilsory edueation law. violaiii\ii- 200 280 

Coiinty .Vuditor negleetii\j;- to ntake apportionment .... 14t> 188 

I^HU-s of sehool house to swing outward 172 170 

Kmlie?;j;leiuent of seluH)! hook funds 08 8S 

(?0 40 

75 (il 

Euumerntiou, false, makinsj- 185 1 IS 

l*aivnt refusing to give 185 11 S 

Insulting teaeher 170 178 

Sehv>oI hooks, emhez/.leiueiit as to 08 38 

00 40 

75 61 

Selling for more than priee 68 37 

70 02 

St'hool v^llieer interested in eonlraet 118 .... i8 

Tratlie in sehool questions 201 221 

P.VM a^;ks- 

Ten per cent, penalty, when added in suit on hond . . . . 112 91 

111 .... 12 

113 .... 
PKAP r^OOY 

Monev found on helonsrs tv> sehool fui\d 215 .... 13 



INDEX. 



367 



DEALER— 

Merchant, see. 
School books, see. 

DEBT— 

Auditing Board, see. page. 

Townships, how created 202 

Order for ci'cating 202 

Effect of not procuring 202 

203 

Petition for, to create 202 

Record of kept 204 

Report as to, publisiied 204 

DECISION— 

County Superintendent failing to record 92 

DEED— 

Annexation to city or town, deed for school property. . 182 

Law as to valid 183 

County Commissioner's, on record of, deed for school 

lands 246 

Description in, defective, curing 244 

Evidence of steps of sale 244 

Record of, in County Commissioner's books, sale of 

school lands 230 

246 

Sale of school property, trustee executes 182 

Tender on sale of school lands 228 

247 
Trustee must secure for school property 179 

DEFICIT— 

County must make up in school funds 227 

DEVOTIONAL EXERCISES— 

Not to be enforced 162 

DIRECTOR— 

Appeal from 168 

Appointment by Trustee, when 168 

Election, when, where and how held 168 

Duties 177 

Excludes pupil, when .' 177 

Length of time 177 

Fuel and repairs, provides 177 

Notifies Township Trustee of his election 168 

Oath, must take 168 

President of school meeting, is 177 

Removal of, how secured 168 

School house, has charge of 177 

Vacancy in office of 169 

Visits, district school 177 

Voter of district, must be 168 



SEC. 


NOTE. 


224 




224 






1 




1-4 


225 




227 




227 





182 



182 



179 



164 
164 
164 
174 
176 
176 
175 
164 
164 
174 
164 
175 
165 
176 
164 



1 

13 

2 

1 
1 

1 
3 










25 




17 


164 




164 






4 


... 


5 



368 SCHOOL LAAV OP INDIANA. 

DISCRETION OF OFFICER— page. sec. note. 

Not reviewed by the courts 121 26 

OtHcers not liable for exercise of 178 .... 4 

DISTRICTS ( SCHOOL)— 

Abolishing, Trustee may 170 

120 
119 

Annual meetings of voters of 168 

Director of elected at 168 

Choice of by patrons of school 136 

In city or town 136 

DOCKET— 

County Superintendent examines 97 84 

DOG FUND— 

Apportioned to schools, when 147 135 

City entitled to a part of 148 

How made 148 

Town entitled to a part of 148 

DONATIONS— 

To erect school building 184 

Conditional 184 

Loan to aid 184 

Interest on 184 

DOORS— 

Swing outward, must 172 

Crime as to .' 172 

DRAINS— 

Congressional township land not liable for 218 

222 
EDUCATION— 

To be free and uniform 44 2 

EJECTMENT— 

School bouse site, for, who brings 102 .... 5 

ELECTION— 

. As to sale of lands 222 263, 268 

County Superintendent, see. 

Acquiescence in 108 .... 29 

]\Iandamus to compel .• 107 .... 

School Commissioners, see. 

School Trustee, of city 105 88 

School Trustee, of town 105 88 

Superintendent of Public Instruction 48 9 

Township Trustee, when held 201 222 

EMBEZZLEMENT— 

School books, concerning » , 67 38 

69 49 

75 61 





1 




2 




1 


186 




186 




186 




186 




170 . 




170 






4 


• • • 


2 



12 



INDEX. 369 

ENDOWMENT— page. sec. note. 

Normal School tax 293 493 

Purdue University tax 293 493 

State University tax 293 493 

Tax for 256 355-360 

Permanent fund not affected by 294 494 

ENGLISH— 

Schools to be taught in English language 166 160 

ENUMERATION— 

Affidavit of parent or guardian as to 135 118 

Apportionment of revenue according to 143 128 

Choice of school district made at time of taking 136 .... 4 

In city or town 136' .... 5 

Colored children, as to 137 .... 7 

Congressional township in two or more counties 140 122 

Eeport as to 140 122 

Who takes 140 ]22 

County Superintendent, when takes 93 79 

Failing to report as to 94 80 

False, making, penalty 135 118 

How taken 134 118 

Non-resident students, not to be 136 3 

Oath of enumerator 1.33 118 

Per diem for taking 135 118 

Poor children, as to 165 1 

Privileges of certain children 136 .... 6 

Refusal of parents to give, penalty 135 118 

Report to County Superintendent 140 121 

Affidavit as to 140 121 

Examination by County Superintendent 140 121 

Report by Superintendent of Public Instruction to 

Governor 49 12 

Residence of miners, what is 135 .... 2 

136 .... 3 

Retaking, County Superintendent may require 140 121 

Pay for 140 121 

Superintendent of Public Instruction may require. 94 80 

Signature of custodian of child to, necessary. .^ 134 118 

Street numbers in cities taken 134 118 

Transfers, .see 

Enumerated 134 118 

Trustee takes 133 118 

Liable for not taking 93 79 

When taken 133 118 

AVho enumerated 133 118 

135 .... 1 

24— ScH. Law. 





4 




15 




8 




15 


2 




248 






2 




5, 6 




1 


. • . . 


12 



370 SCHOOL LAW OF INDIANA. 

EPIDEMIC — PAGE. SEC. NOTE. 

Closing school on account of 120 20 

Contagious diseases, see. 

Teacher can not l)e dismissed because of 175 .... 10 

ESCHEATS— 

Real estate, funds of, belong to 45 

Sale of lands escheating 215 

School fund belongs to 214 

215 
44 
2,3 
ESTOPPEL— 

Married woman to deny validity of loan 236 

240 

To dispute legality of sale of lands 228 

Town to deny validity of transfer 139 

ESTRAYS— 

Fund arising from belongs to schools 213 .... 

215 249 

214 

EXAMINATIONS- 

How held 87 74 

License, see. 

Private, forbidden 91 76 

Public, must be 91 76 

Questions, traffic in an offense 201 221 

Special, when held 176 173 

Teachei's, see. 

When held 91 

EXPENDITURES— 

Report concerning 116 93 

Report by Trustee as to 112 91 

Approval by County Commissioners, effect. 112 91 

Contents of 112 91 

Filed with County Superintendent 112 91 

« 

FARMERS' INSTITUTES— 

Purdue University holds 292 489 

Appropriation for 292 491 

Time and place of holding 292 493 

FEES- 

State license fee 64 .... 

54 24 

Surplus, disposal of 65 25 

FINES— 

Belong to School Fund 44 2 

213 248 

214 



INDEX. 371 

FORECLOSURE OF MORTGAGE— page. sec. note. 

County Auditor may foreclose 242 .... 1 

Judgment on 242 3 

Mortgage, see. 

School Fund mortgages may be 239 .... 5 

FORFEITURES— 

Belong to common school fund 44 2 

213 248 
FORMS— 

Superintendent of Public Instruction prepares 51 18 

52 20 

Bookkeeping, as to 51 19 

FUEL— 

School director provides for schools 117 175 

FUND— 

Attorney fees can not be deducted from 47 .... 4 

Congressional township 212 248-261 

Apportionment 214 .... 2 

Belongs to inhabitants of 215 .... 9 

Corporations taxed for 44 2 

Cost of managing, how paid 46 1 

Counties must preserve 215 250 

County Auditor must distribute 249 334 

Accounts with Congressional township, keeps 216 251 

217 252 
220 258-261 

Penalty for failure to distribute 250 336 

County Commissioners, report as to 248 331 

Examine, as to 248 330 

County Superintendent, duty as to 97 84 

May sue for, when 97 84 

Deficit in, notice cif 215 250 

Made up by County Commissioners 216 .... 2, 5 

Diminished, can not be 45 3 

213 248 

Distributed among the counties 45 4 

Distribution, and report as to 250 335 

Diverted, can not be 45 .... 1,2 

Escheats, belong to 44 2 

214 .... 8 
Proceeds of realty belong to, when 45 4 

Estray fund belongs to 215 249 

45 .... 5 

213 .... 1 

214 .... 5 

Fees of officers can not be deducted from 214 3 

Fines belong to 44 2 

214 .... 7 



372 SCHOOL law of Indiana 

FUND— Continued. page. seo. note. 

Illogal (U'(lu(!tion8 from 214 3 

Income for Hcbools 45 3 

45 .... 3 

Ineorporiitinft- town, division of funds with 104 .... 4 

Inveslnient and distribution 45 4 

" Invest" means " to loan " 46 .... 1 

Inviolablv lield for seluKils 46 7 

46 .... 2 

Liijuor license fcH's bt'long (o 215 .... 10, 

Mandamus to secure application of 215 .... 11 

Miseeilaneous account of 249 334 

I'olicy of tlie law as to distribution of 46 4 

l'rinci()al can not be used 45 3 

45 .... 2 

Property foun(i on dead bodies belongs to 215 12 

Keeovery of deductions from 214 .... 6 

Reinstatement 46 5 

Reinvestment for county, wiieu 46 • 5 

Rents of Congressional Townsliip I'^md 46 .... 1 

Suit as to, how brought 46 .... 2 

'To wh(un belong 46 3 

Reports as to ^. 247 329 

248 331, 332 

Of additions to 49' 12, 13 

Of County Auditor not conclusive 45 .... 2 

Reveniu\ ^ir. 

Saline lamis belong to 213 248 

44 3 

8i'iuu)l corporat ion receives , 104 .... 2 

Separation of Congressional 'Pownship and Common 

School " 217 .... 1 

Settlement by County Commissioners not conclusive. . . 47 3 

Siid;ii\g fund, interest to 147 134 

StatiUe of 1-iniitaiions no bar to recovery for 46 .... 2 

Superiuteiulent of Pidilic Instruction examines 51 16 

Swamp lands belong to 213 248 

Tax penalties does iu)t belong to 215 .... 14 

Trust is, for emnmon schools 46 7 

46 .... 7 

Two dilVerent kituls of 213 .... 1 

Unknown ilead, money of goes to 215 .... 12 

What consists of 44 2 

213 248 

FURNITURE— 

Contracts for valid 118 .... 10, 12 

Private school. Trustee can not provide for 121 .... 31 

Providing, not bound to go in debt for 118 .... 10 

Purchase bv Trustee H6 94 



INDEX. 373 

FUKNITURE— Continued. page. 

Promissory note given for valid 113 

Special tax to pay for 132 

Supplies, see. 

Tax for, levy of 128 

Township liable for 114 

When contract for not binding on township 118 

GENERAL ASSEMBLY— 

Powers to provide for schools 43 

44 

GERMAN LANGUAGE— 

Petition for, to be taught 166 

When roust be taught 166 

167 

GOVERNOR— 

Proclamation concerning school books 60 

State Board of Education, a member of 52 

GRADED SCHOOLS— 

Admission to 116 

Trustee may establish 116 

118 
When should be established 118 

GRADED JOINT SCHOOLS— 

Cities and towns, in 122 

Establishment of 122 

Maniigement of 122 

122 

Title to grounds for 122 

School district, expense of 183 

GREEK SOCIETIES— 

Students may belong to 253 

264 
287 
GUARDIAN— 

Compulsory education law, must obey 208 

209 
Notice by truant officer to 209 

GROUNDS— 

Purchase of, how made 107 . . » 5 

HKiH SCHOOLS— 

Examination of principals for 89 .... 8 

Text-books for 99 .... 4 

HIGHWAY— 

School property may be taken for 105 .... 8 

180 .... 4 



SEC. 


NOTE. 




9 


116 




112 






14 




12 


1 






7 


160 




160 






6 


31 




22 




94 




94 






14 




14 


96 




96 




96 






1,3 


96 




185 






2 




2 




2 


238 




239 




239 





374 SCHOOL LAW OF INDIANA, 

HOLIDAYS— PAGE. SEC. note. 

County Board of Education can not pass rules as to. . . . 99 .... 8 

Teachers entitled to 175 6 

HOME FOR FRIENDLESS WOMEN— 

Penalties, when go to support 45 .... 2 

HOUSE— 

Scho il house, see. 

INDEBTEDNESS— 

Mandamus to compel payment of 132 1 

Tax to pay 132 116 

IN JUNCTION - 

Building of school house under fraudulent contract. . .'. 186 .... 4 

To prevent violation of contract, does not lie 176 . 15 

Use of school house for secular purpose 180 .... 1 

INJURY- 

Scliool corporation not liable to person injured by defect. 171 .... 3 

INSPECTION— 

Of Trustee's books and papers 127 107 

County Coniniissioners inspect 127 108 

County Superintendent inspects 127 108 

INSTITUTES— 

County, appropriation for 188 193 

County Superintendent, duty as to 188 .... 1 

Schools closed during 188 

Sessions of 1 88 

Township, held once a month 187 

How conducted 187 

Penalty for failing to attend. 189 

INTEREST— 

After maturity of loan 244 

232 

County liable for 225 

Deductions from Congressional township fund can not 

be in ade 47 4 

Deficit in, duty of County Superintendent 97 83 

Per cent, not paid to County Superintendent 97 83 

Rate of on loans 216 .... 1 

232 296 

To aid donation for high school 184 186 

Reimbursement of county 227 1 

Report as to amount collected 141 125 

Trustees, when not entitled to 110 .... 4 



194 




195 




192 




192 
192 






10 




2 


• • • 


1 



INDEX. 375 

JOINT DISTRICT SCHOOL— paok. sec. note. 

Apportionment of revenue to 184 .... 1 

Cost of scliool house 184 185 

Meeting concerning 183 184 

Petition for 183 184 

Title to property of 184 1 

JOINT (tR.VDED schools— 

Establishment of 122 

Management of 122 

122 

Power as to 122 

Title to property 122 

JUDGMENT— 

County Superintendent against, concerning school books. 62 

69 

Lien, when not on school land sold 227 

School books, concerning 75 

68 
62 

Township Trustee against, for illegally issuing warrant. 207 

JUDICIAL NOTICE - 

Courts do not take, of certain substituted lands 218 

Names of township, does not take of 104 

105 
Township Trustee, powers of, as to 104 

JUSTICE OF THE PEACE— 

School Trustee can not be 108 17 

KINDERGARTEN SCHOOLS - 

Establishment of 123 97 

Pupils in , 123 97 

School revenue for tuition not to be used in 123 97 

Tax to support 123 97 

KNOWLEDGE AND LEARNING— 

To be taught in the schools 43 1 

LANDS— 

Common school fund, lands of State belong to 44 2 

213 248 

Condemnation for school house sites 185 189-191 

Appraisement of 226 276 

245 322 

Congressional townships 217 252 

219 254 

Debt to improve, township trustee can not incur 219 .... 2 

Forfeited, reappraised 246 324 

Deficiency in value made up 246 325 

How appraised 246 324 



96 




96 






1,3 


96 




96 




36 




48 






1 


60 




46 




34 




234 






2 


I . . . 


18 


. . . . 


9 


• • • • 


18 



870 8011001- 1,AW OF INDIANA, 

LANDS -ContiiuuHl. i-a«k. sko. notb. 

lioasinj^', lownsliip trustoo oan not, wlion -15> .... U 

Salo ol', ivport ol" as to i»ot couchisivo 2tS .... 1 

SmIo of scliool iautls, .N'('('. 

Sui|>liis ii'voiuio, salool' "2o4 296 

Timbor on, loiuJilions as to 224 270 

i.vriN 

Wlion may lio tanglit 1(56 .... 1 

LAWS 

I'nbliration of 52 20 

LKCTUUKS— 

Suporintoudv'iit of I'lilvlio Instnu-lioii dolivors oO 14 

LKtUSLATrHK 

DoouuitMits of roi'oivoil by Suporintoiuloi\t I'ublii' lu- 
st niot ion o2 21 

(.ioMoiai Assombly, .•.><. 

Towor i>voi' soboi>l boi>ks o7 .... 2 

iM) ....5,6,10 

Ovoi- nilos for rulos i'i> 10 

100 .... 11 
LlHKl, 

(\Minty Suporintouilont may suo for. whon 00 .... 9 

I.IHKAKY 

C'ity. froo. piiblio in ISO 100 

lu-alty aoiiniivd for 100 100 

1 low paia for 100 200 

S luH>l rontmissionort! build lOo 204 

P.onds for issuoil 1 Oo 2t>4 

Intorost on 103 204 

Limit of lOa 204 

Ronowiuiv, oan not 103 204 

Tax for 103 204 

101 201 
Ta c to maintain UH) lOS 

ISO 107 

City and town, donations to aoooptod 100 108 

Fivo. may ostablisl» ISO 106 

IVnaltios. prv>vido t\>r ISO 106 

l\oal ostato t\u\ n\ay pnivh.nso 100 109 

Unlos for. may adopt ISO 106 

Tax to support, lin\it 100 108 

TolUvtioii 100 108 

I >isbui-sonuMU 100 108 

\Vl>on not to provide ISO 106 

IVivato. building' for 105 211 

lOii 212 



INDEX. 377 



LIBRARY — Continued. page. 

Private, tax to support 189 

195 
195 

Amount 190 

Collection 190 

Report of, additions to 125 

State Librarian, see. 

Town, tax to aid private library 189 

Amount 1 90 

Collection ot 190 

Township, book cases for 195 

Free, to be 1 94 

Librarian for 195 

Notice concerning 195 

Preservation of 195 

Report as to 195 

Rules as to . 1 95 

Sale of, can not be made 195 

Township Trustee has charge of 194 

When open 195 

Where kept 195 

Who may use 1 95 

LICENSE— 

Appeal concerning examination for 88 

Certificate or license, no distinction as to 89 

County Board of Education no control over 99 

County Superintendent, see. 
Examination, » e. 

How held 87 

Teacher exempt from . . 88 

89 

Expiration during term, effect 173 

Incompetent teacher, refusing license 89 

Length of terms for 87 

Mandamus to compel issuing 90 

Professional license 87 

Defined 88 

Rules as to 54 

Record of kept 91 

Report of who licensed 91 

Revocation of 90 

Causes for 90 

Effect on employment 90 

Special subjects, to teach 167 

Teachers, .see. 

Must have 173 

173 

Trial license 87 



SEC. 


NOTE. 


197 




211 




212 




198 




198 




103 




197 




198 




198 




207 




206 




207 




207 




207 




207 




207 




206 




206 




208 




207 




208 






2 


.... 


6 




7 


74 




74 






4 


171 






3 


74 






9 


74 






1 




2 


77 




77 




75 




75 




75 






4 


171 






1 


74 





378 



SCHOOL LAW OF INDIANA. 



LIENS— PAGE. 

Drains, see. 

Judgment on school land held by certificate only 227 

LIMITATION— 

Amendment of complaint does not bar 104 

Statute of limitations, see. 

LIQUOR LICENSES - 

Apportioned by County Auditor to schools 214 

Belong to common school fund 213 

215 
Report as to amount collected 142 

LOANS- 

Abstract of title required 233 

Affidavit of applicant for 235 

235 

Apportionment to townships 249 

Appraisement of land 233 

Borrowers, inhabitants preferred 234 

Execution against, without relief 242 

Fees, paid by 238 

Suit against, for deficit 242 

County Auditor nuikes 233 

Acknowledgments, may take 237 

Can not borrow 220 

233 

Oaths, may administer 237 

Evidence to show compliance with law 235 

Fund must specify 240 

Interest, rate of .... •. 232 

Non-payment of 238 

Irregularity of does not vitiate 235 

Liens, certificates required as to 234 

Amount of 234 

Bond of indemnity, against 234 

Mortgages, see. 

Mortgage, form of 240 

Married women may take 236 

240 

Note, form of 241 

241 

Outside of county, can be made 234 

Old law as to 234 

Payment made to Treasurer 241 

241 

Quietus for 241 

Personal security on, can not be made 233 

Record and priority of 237 



SEC. NOTE. 



17 



248 



125 



298 

304 
333 
299-300 
301 
319 
310 
319 
298 
307 



307 

314 
296 
311 

303 
302 
303 

314-315 



315 
301 



317 
317 



10 



1,2 
3 



2 

5, 6 
1 



1 

1,2 



308-309 



INDEX. 



379 



LOANS — Continued. page. 

Satisfaction of 241 

Time of 286 

Warrant for 241 

LOSS— 

County to make good to school fund 216 

LOTTERIES— 

In aid of schools, illegal 215 

LUCRATIVE OFFIC&- 

Acceptance of vacates former office 108 

Common Councilmen's is not 108 

Trustee's office is 107 

111 

M AND AM US- 
Admission to school, to obtain 137 

Books, to secure possession of 107 

113 

Can not be used to secure school funds 216 

Disci'etion of officer not reversed by 199 

Election of Trustees to compel 107 

License, to compel issuance of 90 

Ministerial duty, to compel performance of 90 

Officer compelled to perform duty by 120 

Pupil may be restored by 178 

Records of County Superintendent to recover 86 

Sale of lands, to compel 224 

School funds, application of to secure 215 

Tax, to compel application to debt 132 

Township Trustees to assemble for election 85 

Trustee, tax levy , to place on duplicate 129 

MANUAL TRAINING SCHOOLS— 

Cities, certain may have 160 

Subjects taught in 160 

Tax to support 161 

Teachers for 161 

MANUSCRIPT— 

Purchase for school books 59 

MARRIED WOMEN— 

Borrowing school fund, may 240 

May secure 236 

Estoppel to deny validity of 236 

School officer may be 200 

Bond, official may give 201 

MECHANIC'S LIEN— 

Can not be taken on a school house 118 

121 
158 



SEC. NOTE. 
318 

305 
316 

.... 2, 5 

13 



21 

16 

6 

10 



151 
151 
153 
152 

29 



12 
5 
7 
5 

12 
9 

10 

23 
5 

13 
1 

11 

1 

3 

2, 3 





5, 6 




2 




2 


219 




220 






13 




30 


• • . 


5 



380 



SCHOOL LAW OF INDIANA. 



MEETINGS (DISTRICT)— page. 

Annually held 168 

District, see. 

How called 169 

Legality of, how settled 169 

Notice of, given 169 

School house, may ask for 169 

May direct repairs of 169 

Estimate of 171 

Studies determined by 169 

Voters at 168 

MERCHANTS— 

School books may handle 73 

Purchasing price for 72 

MILEAGE— 

State Board of Education, members of, receive 55 

MINISTERIAL DUTY— 

Mandamus to compel performance 90 

MISTAKE- 

School officers not liable for, when 119 

MONEY— 

Advancing, township trustee may receive 115 

Borrowing, township trustee, when can not 113 

114 

Interest on, when trustee not entitled to 110 

Ownership of 115 

Receiving benefit of, township liable 113 

Title of in trustee 110 

Use of township, by trustee, not a conversion 110 

MORTGAGES— 

Acknowledged, must be 238 

Cancelling b}^ suit, can not be 238 

240 

Collected, when may be 239 

County Auditor, given for loan, is valid 237 

Decisions construing 240 

Description of lands in 240 

244 

Endowment fund of State University, to secure 258 

Entry of satisfaction of, how made 242 

Foreclosure, suit may be maintained for 239 

By County Auditor 242 

Judgment on 242 

Fund secured by, failure to state 239 

Interest on after maturity 232 

244 



SEC. NOTE. 
164 



165 
165 
165 
165 
165 
166 
165 
164, 165 

56 
55 

25 



359 



10 

18 

18 

7,9 

12 

4 
22 
8 
2 
2 

1 

3 
4 
4 
2 
1 
2,3 
13 

1 
5 
1 
3 
1 
23 
10 



INDEX. 



381 



MOETGAGES—Continued. page. 

Lands mortgaged liable to taxes 237 

Lien is, without recording 237 

238 
Loans, see. 

Merged by foreclosure 244 

Notice of sale under must be given 242 

243 

Fees for posting 242 

Prior does not invalidate 233 

235 

Recorded, when is so deemed 238 

Release of without payment void 239 

242 

Innocent purchaser protected. , 242 

Sale under, bid by County Auditors 244 

245 

Cash not paid for 245 

How conducted 243 

In parcels 244 

Less than whole tract 244 

More than due, for 244 

Notice of 239 

242 

243 

Quieting title against 244 

Redemption from 244 

Reimbursing county i9r deficit » 245 

Statute must be followed 244 

' Subrogation of purchaser 247 

244 

Surplus paid over to land-owner 245 

When valid 239 

Without appraisement 244 

Suit for deficiency in 242 

245 

To cancel, can not be maintained 233 

Tax lien, superior to 247 

246 

239 

237 
MUSIC— 

Pupils may be required to study 100 

167 
NAME— 

School corporation, takes from civil corporation 104 

Townships, courts do not take notice of 104 

NARCOTICS- 

Effect of must be taught in schools 167 

Teacher examined as to 168 

Dismissal for refusing to teach 168 



161 
162 
163 



i)82 SOIH)()l, LAW OF INDIANA. 

NKCiLECT — PAGE. SHO. notb. 

'rnistoo liable for on iiis bond, wbon 126 105 

Nitiirr SCHOOLS 

EstnblisliiMl in liirnv ritios 123 98 

1 1 oiiTH of session 123 98 

Pupils, wiio niav alliMul 123 98, 99 

NORMAL SCHOOL— 

Af>ont, pay of 255 853 

Aj)pro})riat ion for 252 .... 1 

294 494 

liiiil.lini;-, contract for 252 343 

Cliristian inorality to control 254 348 

Colored pnpils iidnuttod to 253 .... 3 

Located at Tcrro llauto 252 342 

Model si'liool to be orjjaniz.ed 253 344 

President of 252 340 

Member Stiite Hoard of Kdneation 52 22 

Pupils, admission of 253 346 

(Vrtificates to 254 351 

Diplomas to 254 851 

(^>uiilitit'ati(n\s for admission to 253 , .... 2 

Keports lo (Jeneral Assemblv 254 349 

To ( Jovernor 254 349 

Rules, may adopt 253 .... 2 

Seorotary of 252 340 

Sectarianism forbidden 254 348 

Tax to supp(n-t 293 493 

Amount of levy 293 493 

Oeueral appropriations repealed 294 494 

l\'rm:iuent euilowiiu-nt not afVected by 294 494 

Treasurer of 252 340 

I'ay of 255 353 

Trustees, studies prescribed by 253 345 

(Jovernor appi)ints 251 338 

Instructors elected by 253 345 

Organizat ion of 252 340 

Pay of 255 352 

Proposal ft>r donations 252 341 

Term of oflice of 251 339 

Vacancies in 251 339 

Tuition free 254 347 

V isiti>rs, and their pay 254 350 

NOTK - 

Promissory note, jitc. 

OATH 

School otlii'crs may administer 208 218 

State Superintendent's 48 10 



INDEX. 388 

OFFENSES— 

Crimes, see. 

OFFICE PAGE. SEC. NOTE. 

County does not furnish County Superintendent with. . . 85 .... 8 

96 .... 1,2 

State Superintendent's, where located 48 11 

Women may hold 200 219 

Bond for, can file 201 220 

OFFICER— 

Damages, when not liable for 178 5 

Discretion of, not reviewed by the courts 121 26 

OPINIONS— 

State Superintendent gives 48 11 

Can not be used as a defense 49 3 

Not bound to give to every person 49 .... 2 

PAREN r— 

Compulsory education law, must obey 208 238 

Penalty for not 209 239 

Notice to, given by Truant Officer 209 239 

Pupil, see. 

PARENTAL HOME— 

Consent of parent as to putting his child in 211 245 

Refusing to give 211 245 

Establishment of 211 245 

Incorrigible child sent to, when 211 245 

PENALTIES— 

Belong to common school fund 44 1 

45 .... 2 

When do not 45 .... 2 

PETITION— 

Withdrawing signature from, when can not 231 1 

PLANS FOR SCHOOLS— 

Report of State Superintendent as to 49 13 

POOR— 

Children of, furnished with school books 67 43 

Limit 67 43 

Pupils, see. 

PRIVATE SCHOOL— 

Use of public school house for 180 180 

Conditions of 180 180 

Reports by teacher as to 180 180 

PRIVATE SCHOOL HOUSE— 

Can not be repaired at public expense 170 5 

PROCLAMATION— 

Concerning school books • • 60 31 



384 



SCHOOL LAW OF INDIANA, 



PROMISSORY NOTE— 

Borrowing money, see. page. 

Consideration, without, void 102 

119 

Conspiracy to defraud, invalidates 121 

Funds on hand, note void 103 

Furniture, given for, binding 113 

School books for, trustee can not give 66 

Suit on, averments as to 103 

Township does not bind 114 

113 
When does bind 113 

114 

PROPERTY— 

School house, see. 

Title of joint graded schools 122 

122 

Trustee has care of 116 

Sells, when 182 



NOTE. 
16 
16 

28 

14 

9 

42 

10 

13 

8 

9 

12 



96 

94 
182 



PROSECUTING ATTORNEY— 

Suit, brings, for Superintendent of Public Instruction. . 51 



16 



PUPILS— 

Assault on, what is 178 

Classitied, may be 43 

Colored pupils, see. 

Higher grades for 164 

May have separate schools 164 

Compulsory education, see. 

Corporal punishment for 178 

Detention after school because of tardiness 119 

Director may excliule from school 177 

Length of time 177 

Disciplining, teacher may 177 

Dismissal, appeal as to 179 

How taken 179 

For breaking school property 178 

Exempt from compulsory education law, when 211 

Graduation of 108 

Incorrigible, sent to Parental Home 211 

Injured, school corporation not liable to 171 

Kindergartens, who may attend 123 

Mandamus lies to compel restoration 178 

Night schools, age of 123 

Poor, appropriation for 165 

Assisted by pubHc 210 

List of those aided 210 



157 
157 



18 



176 




176 






1 


177 






1 




2 


247 






24 


245 






3 


97 






5 


99 




159 




244 




244 





INDEX. 



385 



PUPILS— Continued. page. 

Poor, Matron of Orphans' Home provides for 1G5 

Instructs .- IGo 

Payment for, how made 210 

Where accommodated 165 

Residence of, is that of parent 135 

136 

Rules of school must obey 108 

121 
Teacher reports concerning, 124 

PURDUE UNIVERSITY— 

Acceptance of grant for 292 

Agricultural College, scrip for 285 

Amendment or repeal of law, as to 288 

Appropriation for, repealed 294 

Colored students admitted to 284 

Dedication of streets by 287 

Of lands for streets 287 

Donations to 286 

Farmers' Institute, conduct 292 

Appropriation for 292 

Time and place of holding 292 

Funds of, how invested 290 

Donations by 286 

Gift to Institute of Technology 291 

Terms of 291 

Institute of Technology 291 

Terras of 291 

Open to all 291 

Location of 286 

Name, corporate of 286 

289 

President of member of State Board of Education 52 

Appointment of 289 

Purdue, .lohn, privileges of 288 

Rules, may adopt 287 

Serif), sale and investment of 285 

Secretary, appointment of : 289 

Stat« Chemist, Prof, of Chemistry in 285 

Students, County Commissioners appoint two 290 

Number, limited 290 

Privileges allowed 290 

Rules, must obey 287 

Tax to support 293 

Amount of levy for 293 

General appropriation for repealed 294 

Permanent endowment not affected by 294 

Treasurer, appointment of 289 

25 — ScH. Law. 



SEC. 

158 
158 

214 



102 



492 
470 
480 
494 

477 
478 
473 
489 
491 
490 
487 
473 
488 



474 

475 

476 

22 

484 
479 

472 
484 
472 
485 
486 
485 

493 
493 
494 
494 
484 



1 

2 

3 

23 

27 



386 SCHOOL LAW OF INDIANA, 

PUEDUE UNIVERSITY— Continued. page. sec. 

Treasurer, bond and duties 289 484 

Trustees, appointment of " 285 47 1 

289 484 

Term of office 289 482 

Vacancies, how filled 289 483 

QUESTIONS— 

Traflic in a crime 201 221 

QUORUM— 

Township Trustee of to elect County Superintendent. . . 85 .... 

QUO WARRXNTO- 

To test election of County Superintendent 85 .... 

REAL ESTATE- 

Taking school property for highway 105 

REAPPRAISEMENT— 

Forfeited lands to be 246 324 

Deficiency in made up by county 246 324 

How made 246 324 

EECOMM ENDATIONS— 

State Superintendent makes 49 13 

RECORD— 

Auditing Board, for, provided 206 

Contents of 206 

County Superintendent keeps 91 

Decision entering in 92 

Inspecting, public may 116 

Parol evidence of contents 92 

Township Trustee keeps 115 

Of indebtedness 204 

REDEMPTION— - 

From sale under school mortgage 224 

225 
REMOVAL— 

County Superintendent, of 83 

For neglect to give additional bond 62 

Director, of 168 

Pupil, of 177 

School House, see. 

Trustee, of 127 109 

EENTS— 

Congi'essional township, of, county liable for, when ... 46 1 

Distribution of 218 .... 1 

Suit for, how brought 46 2 

To whom belongs 46 .... 3 



229 




77 






2 




2 




1 


92 




227 






6 




2 


73 




35 




164 




176 





INDEX. 387 

REPORTS— PAGE. SEC. NOTE. 

Appointment of School Trustees to vacancy 110 90 

Repealed 110 5 

Apportionment of school revenue 95 81 

Basis for 95 1 

Auditing Board to Circuit Court 206 230 

Contents of 206 230 

County officers must make, when 51 17 

County Superintendent to school book contractor 69 48 

Duplicate of, where filed 69 48 

To County Commissioners 97 84 

County Treasurer makes monthly, when 192 202 

Receipt receives on for payments 192 200 

Election of County Superintendent 83 ■ 73 

Enumeration of 133 118 

140 121 

Affidavit concerning 140 121 

Failing to make, penalty as to 94 80 

Indebtedness of township, publication of 204 227 

Interest, as to amount collected 141 125 

Licenses granted teachers, concerning 91 77 

Liquor licenses, as to amount collected 142 125 

Observations (of) on school systems 49 13 

Private school, as to, when taught in public school house. 180 180 

Receipts and expenditures, teachers make 116 93 

Sale of lands (of) can not be conclusive 248 .... 1 

School books, annually only, when 67 44 

Contents of 67 44 

Concerning number needed 60 32 

By County Superintendent 60 32, 36 

Dealer concerning sales made 74 58 

Copy sent to County Superintendent 74 58 

Receipt of, made to County Superintendent 66 42 

Sales of, made to County Superintendent 65 42 

Sales of, made to dealers 73 56 

State Supt. Public Instruction to General Assembly .. . 49 13 

Contents 49 13 

To Governor 49 12 

Contents 49 12 

Printing 49 13 

Distribution of 49 13 

Statistics (of), to County Superintendent 125 103 

Tax, amount reported to State Superintendent 141 124 

Contents of 141 125 

Teachers to trustees 124 102 

Contents 1 24 102 

Failure to make, no pay 124 102 

Suit for pay, proof as to right to 124 .... 2 

Transfers, as to 137 119 



6EC. 


NOTE. 


103 




103 




104 




91 




91 




91 




91 






2 


.... 


3 




14 


. • • • 


6 



388 SCHOOL LAW OF INDIANA. 

EEPOKTS— Continued. page. 

Trustees, when make 125 

Contents 125 

Failure to make, penalty 126 

Of expenditures 112 

Approval 112 

Efi'ect 112 

Filed with County Superintendent 112 

EESIDENCE— 

Of minor 135 

136 

EESIGNATION— 

County Superintendent 86 

Election to fill future vacancy Ill 

EEVENUE— 

Accounted for by trustee Ill 91 

Anticipating, what may be 114 10 

Apportionment 49 

Made by County Superintendent 95 

Basis for 95 

Apportionment, see. 

Congressional township, of, when divided, report as to. 142 

Conversion of, what is 112 

Distribution of to counties 143 

Division of on incorporating a town 104 

105 

Dog fund, a part of, when 147 

City entitled to a part 147 

Town entitled to a part 147 

Equalization of • • • 218 

Excess paid by county to State Treasurer 144 131 

Fund, see. 

Incoming treasurer entitled to 109 

May sue for 109 

Interest on sinking fund, is 147 

Loss, trustee liable for 113 

Management of Ill 

Mixing with civil township funds, credit for 114 

Ownership of 1^5 

Payment to counties 143 

Eecord of receipts and expenditures 115 

Eeport of State Superintendent 49 

To State Superintendent 141 

Contents of 141 

Penalty for neglect to make 142 

School buildings, special for 153 

School tuition fund not used for kindergartens 123 



13 




81 




... 


1 


126 






1 


130 






4 




7 


135 


1 




1 




3 





37 


134 






2 


91 






19 




22 


130 




92 




12, 13 




124 




125 




127 




140 




97 





INDEX. 



389 



REVENUE — Continued. page. sec. note. 

Special school, proceeds of sale of property belonging to 182 182 

Surplus 123 100 

124 101 

State Superintendent of Public Instruction examines.. . 51 16 

50 14 

Superintends 48 11 

Surplus special school, to build school houses 154 140 

In cities and towns 123 100 

Tax for, State 127 110 

Town entitled to part of township, when 115 .... 24 

Trustees receive ]11 91 

Tuition, misapplication of 116 1 

Must not be used, when 115 

When must be expended 169 

Unapportioned balances 145 

Unsafely invested, duty of State Superintendent as to. . 50 
Warrant to County Treasurer for 144 

EULES— 

Authority to adopt 108 

County Board of Education may adopt for schools .... 99 

Library for, adoption 189 

School Commissioners may adopt 196 

Pupil bound to obey 108 

121 

Reasonable, must be 107 

108 
119 
120 
178 
198 

Record of need not be made for schools 119 

School officers may make for schools .,,» 119 

120 
SALARY— 

County Superintendent's 95 

School Commissioners receive none 158 

School Superintendent for city or town 122 

School Trustee 106 88 

SALE OF MORTGAGED LANDS— 

Bid of County Auditor on, when 245 322 

Duty to bid in 245 2 

244 .... 11 

Deed on, making 246 326 

247 ... 2, 3 

Recording 246 .... 1 

Division of on sale, immaterial 243 .... 1 

Judgment on foreclosure 244 .... 8 



92 




165 




132 




14 




131 






22 




2 


196 




201 






3 




27 




15 


.... 19 


23 




18 


22 




• . . . 


2 




1 




18 




18 




21 


82 




146 




95 





590 



SCHOOL LAAV OF INDIANA^ 



SALE OF MORTGAGED LANDS— Continued. page. 

Merger of mortgage by 244 

Notice of 242 

Must be given 242 

24a 

Portion sold 244 

Quieting title to ' 244 

Reappraiseinentof lands bid in 246 

Detioit in value made up 246 

Redemption from 244 

Resale 245 

Rate of interest on 244 

Reimbursing county 245 

Statement and record of 247 

Statute must be preserved 244 

245 

Subrogative wlion sale illegal 244 

Suit on note given for purchase money 245 

Surplus, who gets 245 

245 
Taxes, preventing of lien of 246 

SALE OF SCHOOL LANDS 223 

Certificate of purchase 230 

227 

Lost, proceedings thereon 229 

Record and assignment of 228 

County Auditor gives quietus 231 

County Commissioners to order 223 

Deed, when to issue on 228 

230 
231 

Assignment, defective on 228 

Election'as to 222-223 

Estoppel to dispute validity of 228 

Fees paid by purchaser 223 

Forfeiture prevented, how 225 

Mandate to compel 224 

Notice of 242 

Payment, penalty for not making 228 

Deferred, when reported 224 

Luhn-sement of, where 231 

Wlien may be made 229 

Whore to bo made 231 

Petition for, how had 222 

223 
231 
233 

Private, by Auditor, when 226 

225 



SEC. 


NOTE. 




14 


320 






2 




3 




3 




9 


324 




325 






6 


322 




.... 


10 




3 


327 






2,4 




1 


.... 


12 


.... 


1 


323 






4 


.... 


2 



269 



280 




287 




283 




288 




269 






1 


.... 


1 


290 




284 




263-268 






1 


269, 




272 






1 


320 




282 




270 




289 




286 




288 




.... 


1 


.... 


1 


.... 


2 


293 






1 


275 





INDEX. 



591 



SALE OF SCHOOL LANDS— Continued. page. 

Public, must be 224 

Purchase money is a loan, when 229 

Purchaser, possession by 228 

Enjoined, when 228 

Rights of, if title fails 233 

Waste, when liable for 225 

Redemption from 225 

Resale, forfeiture 225 

Surplus revenue lands, of 234 

Terms of 224 

Timbered lands, conditions as to 224 

Title, when complete 232 

Voters for, who are 218 

Waste, suit for 225 

SALE OF SCPIOOL HOUSE— 

How had 182 

SALINE FUND- 

Belongs to schools 44 

213 
SCHOOLS— 

Abolishing, effect on teacher's contract 109 

Alcohol, effect of must be taught in 167 

Appeal, concerning establishment of 198 

Bible not excluded from 162 

Branches taught in 166 

Additional, when taught 166 

German, when taught 166 

Compelled to teach 166 

167 

Latin taught in ] 66 

Music- taught in 167 

Care and oversight. County Superintendent has 92 

Classified, may be 43 

Closing because of epidemic 120 

During County Institutes 188 

Colored schools, see. 

County Superintendent visits 92 

93 

Devotional exercises in 162 

General, must be 43 

General Assembly's powers over 44 

German taught in 166 

Must be, when 166 

167 

Petition for 166 

Latin may be taught in 166 

Located by school trustee 116 



SEC. 

285 
281 
283 
294 
273 



295 
270 
270 
292 

274 



248 



161 
216 
154 
160 
160 
160 



32 



. ... 19, 20 
194 



2 
3 
2 
7 
160 



160 



1 

94 



392 SCHOOL LAW OF INIUANA. 

SCHOOLS— Continued. pagr. 

Music may be taught in 1 07 

Narcotics, effect of tauglit in , . . . . 167 

Open to all, must be 43 

43 

Separation into deiiartments 118 

State institutions, arc 43 

Term, length of .164 

Trustees, see. 

Uniform, must be . . . 163 155 

163 
Who entitled to benefit of 137 

SCHOOL I'.OAKD— 

Majority of members of control 186 .... 

SCHOOL BONDS— 

Bonds, see. 

SCHOOL lU^OKS— 

Appropriations for School ]k)ok Commissioners 64 39 

67 45 

82 69 

Autiu>r furnishing 68 27 

Bids, advertising for 57 27 

For a history 64 40 

For a physiology 64 40 

For a primary spelling book 64 40 

For revision of text books 76 63 

Completion of 58 27 

From authors 57 27 

Copyrigiit to furnish 57 27 

From publishers •. 57 27 

Opening 58 28 

Kejecting 58 27 

Sealed, to be 57 27 

Bond to accomi)any bids 58 27 

Given by County Suiterintendent 68 47 

Of Commissioners 56 26 

Choice of books, Legislature may make 57 .... 

Constitutional acts as to, is 57 .... 

Contractor, bond must give 58 27 

82 70 

For revision 82 70 

New, when, must give 82 70 

79 64 

Neglect to give 70 

Consent files, for revision 76 63 

P'or sale of books by dealers 72 55 

Furnishes reports (o State Superintendent 78 64 

How paid 60 30 



INDEX, 398 

SCHOOL BOOKS—Continued. page. sec. notb. 

Contractor, reports to by County Superintendent 62 ',i6 

Separate works, for 59 29 

Copyright, author to furnish 57 27 

County Board of Education adopts 98 85 

County Superintendent, additional bond as to give .... 62 35 

Obligation of 62 35 

Removal for neglect to give 62 35 

Certifies to number needed 60 32 

Liable for amount of sales of 62 36 

Purchaser for 60 32 

Credit to trustee for books sold , 66 42 

67 44 

Damaged, returned by trustee 71 51 

Notice to contractor as to 71 51 

To County Superintendent as to 71 51 

Dealer makes reports of sales 74 58 

Copy sent to County Superintendent 74 58 

Reductions to, of price 72 55 

Selling for more than price fixed 76 62 

Embezzlement concerning 75 61 

County Superintendent 63 38 

Of proceeds of sales of 69 49 

Fund out of which trustees pay for 66 42 

Geographies, how often revised 81 67 

Grammar, advertising for 64 40 

Intermediate, providing 80 65 

History, advertising for 64 40 

How often revised 81 67 

Intermediate book, revision of 76 63 

Grammar, providing 80 65 

Price 80 65 

Size 80 65 

Judgment against County Superintendent as to 62 36 

Attorney fee to embrace 62 36 

For jjroceeds of sales 62 34 

Attorney fee to embrace 62 34 

Language, lessons providing 80 65 

Price 80 65 

Size 80 65 

Law concerning, printed and distributed 71 53 

Legislature may adopt 99 .... 6 

Liability of school officers for neglect 75 60 

Judgment against 75 60 

Manuscript for -59 29 

When to purchase 59 29 

Note for payment of, trustee can not give 66 42 

Notice of shipment, contractor to give 70 51 

Number for county, how ascertained -60 32 

For township 60 32 



394 SCHOOL LAW OF INDIANA. 

SCHOOL BOOKS— Continued. page. sec. no5 

Offense as to 63 37 

Opening package of, when done 71 51 

Payment for, when made 66 42 

Physiology, advertising for 64 40 

Poor children furnished with books 67 43 

Limit of 66 43 

Price sold at to patrons 58 28 

64 40 

Dealers can not raise 72 55 

Intermediate grammar 80 65 

Printed on covers of 71 52 

duty of school officers as to 71 52 

exception as to copy book 71 52 

Reduction of, when 79 64 

Contractors declining to accept 80 64 

Selling for more than allowed, offense 63 37 

76 62 

Printing school book law 82 71 

Proclamation of Governor as ■ o 60 31 

Purchasing, who may 60 32 

Readers, contents of 56 26 

Receipt of, acknowledging, by trustee 65 42 

• 60 32 

County Superintendent notifies trustee 60 32 

Report as to, annually, when necessary only 67 44 

Contractor to, of proceeds of sales 69 48 

To furnish blank for 74 58 

County Superintendent to contractor of sales 62 36 

Quarterly, when not necessary 67 44 

Receipt of books, by trustee 66 42 

Sales of, by County Superintendent, to contractor. 75 59 

Cash to accompany 75 59 

Contents of 75 59 

Duplicate filed with County Auditor 75 59 

Dealer makes 74 58 

73 56 

Sent to County Superintendent 74 58 

Quarterly, made 61 33 

To County Superintendent 66 42 

Requisitions for by County Superintendent 60 32 

By Township Trustee 65 41 

Limit of 65 41 

Scaling down 65 41 

78 64 

Returning unsold to contractor 66 42 

Credit for 66 ^42 

Freight on, who pays 66 42 

Revision, contract for 81 68 

Contractor to consent 76 63 



INDEX. 395 

SCHOOL BOOKS— Continued. page. sec. note. 

Kevision, cost of 76 63 

Geography, how often had 81 67 

Grammar, of 80 65 

History of, how often had 81 67 

Intermediate grammar 81 66 

Notice to schools as to 78 64 

Standard of 81 68 

Time to make 77 64 

Time to print 77 64 

When may be ordered 76 63 

Who makes 75 63 

Sales of by dealers or merchants 72 55 

Cash for only ; 60 32 

Consent of contractor to 72 55 

Old books, pi'oviding for 60 32 

Proceeds of, how disposed of 66 42 

Price of 60 32 

Eeport to contractors as to. 62 36 

Quarterly as to 61 33 

To County Superintendent 66 42 

Size of 56 26 

Spelling book, advertising for 64 40 

State Board of Education, duties concerning 56 26 

Notice of revision given 78 64 

State Superintendent of Public Instruction, duty as to. . 60 32 

State not liable for 60 30 

Suit for proceeds of sale of 68 46 

Attorney fee as to 68 46 

Judgment as to 68 46 

Contractor's bond on 82 70 

Attorney-General brings 82 70 

County Superintendent concerning 62 34 

Supplemental acts or law 72 54 

83 72 

Text-books to be purchased 56 26 

Trustees, can not purchase for pupils 118 .... 11 

Money for, pays County Superintendent 61 33 

Number needed, certifies to 60 32 

Personally liable for 60 32 

66 42 

68 46 

Reports sales quarterly 61 32 

Uniformly bound, must be 70 50 

Wrapping for shipment 70 61 

SCHOOL CITY— 
City, see. 

Suit against, how brought. . , 102 . . , . 7 



396 SCHOOL LAW OF INDIANA. 

SCHOOL CORPOKATION— page. sec. note. 

City is 222 262 

. Name of , 221 261 

Process, how served on 197 215 

Town is 104 87 

Township is 101 86 

SCHOOL DIEECTORS— 

Directors, see. 

SCHOOL DISTRICT— 

District, see. 

School meetings, se&. 

SCHOOL EXAMINERS— 

Duties of performed by County Superintendent 84 73 

SCHOOL COMMISSIONERS— 

Board of 154-159 141-148 

Bonds to build school house 159* 149-150 

Certificates of members 155 143 

Districts, may change , 154 142 

Duties and powers of 156 144 

Election of 154 141 

Library, bonds for may issue 193 204 

Interest on, rate of 193 204 

Limit of issue 193 204 

Renewing, can not 193 204 

Tax for 193 205 

Loans, may make 159 148 

Manual Training Schools, creating 160 151 

Subjects brought in 160 151 

Tax to complete 161 153 

Teachers for. 161 152- 

Meetings of 158 146 

Organization of 155 143 

Pay, get none 158 146^ 

Poll tax, can not levy 157 1 

President of 155 143 

Rules for library, may adopt 191 201 

School laws govern ] 59 147 

Secretary and treasurer of 155 143 

Taxes, how collected for 192 202 

Levy 191 201 

Term of office 155 143 

Vacancies, how filled 155 143 

SCHOOL HOUSES— 

Annexed territory in, belong to city or town 182 183 

Deed for 182: 183 

Law as to valid 183 .... 1 



INDEX. odl 

SCHOOL HOUSES— Continued. page. sec. note. 

Appeal concerning contract to build 198 .... 1 

Location of, efiect 170 2, 4 

198 216 

198 .... 1 

Bonds to build, conditions authorizing 149 136 

150 

House, where located 150 

Law authorizing valid 150 

Bonds to build, when may be issued 149 

Denominati,ons of 149 

Interest payable semi-annually 149 

Leave to issue, who grants 149 

Limit of amount 149 

Petition for leave to issue 149 

Sale of 149 

Bonds to complete 150 

Limit 152 

Tax to pay 151 

Use of proceeds 150 

Bond to secure 150 

City can not pay for out of general fund 124 

Civil township can not build 85 

County can not build 117 

186 

Custody of. Trustee has 119 

Decision of County Superintendent as to location is 

final 199 

Defect in, not liable to child for injury to 171 

Director of school district has charge of 177 

Fuel for, purchase of 177 

Repairs, makes on 177 

Donations for 184 

Loan to aid donation 184 

Interest on 184 

Doors must swing outward 172 

Penalty for neglect as to 172 

Ejectment for, school corporation begs 102 

Erection, petition for 169 

Estimate of cost of furnished by district meeting 171 

Extra territorial location, invalid 180 

Incorporating town, effect on school house without it. . . 104 

Enjoining erection of for fraud 186 

Joint for several school corporations 183 

Cost of 184 

Meeting concerning 183 

Petition for 183 

Title to 183 





3 




2 


136 




136 




136 




136 




136 




136 




136 




137 




138 




138 




137 




137 






1 




6 




3 


. . . . 


5 




15 




4 




3 


175 




175 




175 




186 




186 




186 




170 




170 






5 


165 






1 




3 




4 




4 


184 




185 




184 




184 




184 





398 



SCHOOL LAW OF INDIANA, 



SCHOOL HOUSES— Continued. page. 

Location, appeal, decision of County Superintendent 

on, final 170 

Discretionary with Township Trustee 171 

186 

Powers of Trustee as to 170 

Materials furnished for by taxpayer 128 

Mechanic's lien, can not be placed on 118 

121 
158 

Petition for additional, appeal ^121 

Appeal lies on 171 

Need not originate at district meeting 171 

To erect 169 

To remove 169 

Possession of, Township Trustee has 177 

Private school house, can not be repaired 170 

Providing, not bound to go in debt for 118 

Purchase of grounds for, how made 107 

Repairing, directors make 177 

How ordered 169 

Order for 172 

Petition for, sufficiency 171 

Private, repairing 121 

Sale of, petition for 169 

Deed given on 182 

Purchase numey, where belongs 182 

When may be made 182 

182 

School corporation builds 186 

Must own or lease before repairing 121 

Site for, proceedings to obtain 185 

Appraisers of 186 

Eeport of 186 

Payment for 186 

Special tax to pay for 132 

Subscription for, conditional, suit on 171 

Suit to set aside contract as to 118 

Surplus special school revenue to build 154 

Tax to build or repair 128 

To complete in towns 133 

To complete, petition for not necessary 150 

Tax-payer furnishing supplies for, credit on tax 128 

Title to in school corporation 179 

150 

Held in trust 179 

Town incorporating gets 180 

Contract for, when binding 186 

Trustees provide for 116 

Mny disregard petition for 169 





6 




9 




1 




1-4 


112 






13 




30 




5 




31 




1 




1 


165 




1S5 






1 




5 




10 




5 


175 




165 




167 




167 






32 


165 




182 




182 




182 






2 




2 




32 


189 




190 




190 




191 




116 






2 




13 


140 




112 




117 






5 


112 




179 






4 




1 




2 




2 


94 




165 





INDEX. 399 

SCHOOL HOUSES— Continued. page. sec. note. 

Use of for other than school purposes 181 181 

Equal privileges as to 181 181 

Petition for 181 181 

Private school, for 180 180 

Conditions as to 180 180 

Petition for 180 180 

Trustee's duty as to 181 2 

SCHOOL LANDS— 

Adverse claims to can not be made 218 .... 5 

Drains, can not be assessed for 218 .... 4 

Lands, sec. 

SCHOOL MEETINGS— 

Appeal concerning 198 

District of, annually held 168 

Estimate of cost of repairs given 171 

Meetings, see. 

None held in city or town , 175 

169 

Notice of necessary 171 

Others held on call of directors 169 

Legality of, who determines 169 

Notice of 169 

Want of not to vitiate 169 

Plurality vote controls. 171 

Repairs to school houses ordered at 169 

Voters at, who are 168 

169 

169 165 

SCHOOL MONTH— 

Lengthof 164 156 

SCHOOL ORDERS— 

Promissory notes, see. 

SCHOOL PROPERTY— 

Deed for m ust be secured 179 179 

Joint district, title to, how held 184 1 

Lands, see. 

School houses, see. 

Title in school corporation 179 179 

When may be sold 182 182 

182 .... 2 

SCHOOL SUPPLIES— 

Suit to recover price of 103 .... 12 

Teachers may testify concerning 103 .... 12 



164 




166 






7 




4 




7 


165 




165 




165 




165 






8 


165 






1 




3 



400 



SCHOOL LAW OF INDIANA. 



13 

10 

10 

1 

1 



3 

5 

1 

14 

18 

5 

12 



SCHOOL SECTION— 

Lands, see. page. sec. noth. 

Proceeds of sale of, who manages 217 .... 2 

SCHOOL town- 
Tow n, see. 

Suit against, how brought 102 

SCHOOL TOWNSHIP— 

Banks, receiving funds of, liability 102 

Borrowing money, when liable for 103 

Suit against for, how brought 103 

Civil and school district 101 

Funds kept separate 101 

Contract, may make 101 86 

Corporation, is 101 86 

Devise, may be made to 101 

Ejectment for school house, may bring 102 

Funds of kept separate 101 

On hand, can not borrow more 103 

Name of 101 86 

Courts do not notice 10-1 

School house, builds 102 

School supplies, suit against to recover cost of 103 

SCHOOL TEUSTEES— 

Trustees, see. 

SCHOOL WEEK— 

Length of 164 156 

SCHOOL YEAE- 

When begins 169 165 

SEAL— 

State Board of Education of 52 22 

Eecord of 52 22 

SECEETAEY STATE BOAED OF CHAEITIES— 

Truant officers, appoints 209 239 

210 240 

SEMINAEIES— 

Sale of lands void 45 .... 

SETTLEMENT— 

County Treasurer make with State 143 130 

SINKING FUND- 

Interest of apportioned 147 134 

SIXTEENTH SECTION— 

Grant of was a contract 47 

Judicial notice of substituted section 218 



4,5 

2 



INDEX. 401 

SLANDEE — PAGE. SEC. note. 

Charge of cruelty against teacher, is not 176 .... 16 

Libel, see. 

vSPECIAL SCHOOL REVENUE— 

Proceeds of sale of school property belong to 182 182 

STATE BOARD OF EDUCATION— 

Books and papers of, where kept 52 22 

Open to inspection 52 22 

County Superintendent carrys out orders of 92 78 

Duties and powers 53 23 

First board, composition of 53 .... 1 

Governor, member of 52 22 

Meetings of 52 22 

Stated, holds 54 24 

Membership of 52 22 

Mileage of members of 55 25 

How obtained 55 25 

Normal school, appoints visitors for 254 350 

Pay of members 55 25 

How obtained 55 25 

President of ■. 52 22 

Of Purdue University, a member of 52 22 

Of State Normal, a member of 52 22 

Of State University, a member of 52 22 

School book commissioners are 53 .... 2 

Seal of 52 22 

Secretary of and his duties 52 22 

State certificates, grants to teachers 54 24 

Signing, who does 54 24 

Who entitled to 54 24 

State Superintendent of Public Instruction a member of 52 22 

State University Trustees, appoints 260 364 

Teachers' certificate, grants 54 24 

Treasurer of 52 22 

Truant officers, duty as to 209 239 

210 240 
STATE LIBRARY AND LIBRARIAN— 

Appropriation for 297 505 

Assembly, papers of, preserve 298 509 

Bond, official, of 295 498 

Books, purchases of 297 505 

Accounts of, keeps 296 503 

Catalogue of, keeps 296 503 

Exchanges for 297 505 

Injury or losing, punished 299 517 

Missing, duties of Librarian 299 512 

Purchases of 297 505 

26— ScH. Law. 



402 



SCHOOL LAW OF INDIANAo 



STATE LIBRARY AND LIBRARIAN— Continued. page. skc. notk. 

Books, removal of, forbidden 296 500 

299 516 

Reports names of, missing 299 512 

Use, not transferable 296 502 

Doeuments, collected anil bound 297 507 

Election of 295 496 

Embezzlement by 298 511 

Exchanges and sales by 298 511 

Fines, i)ays, to State Treasurer 297 504 

Journals and laws, preserves 298 508 

Leaves and law books, keep separate 297 506 

Legislative papers, preserves 298 509 

Library, open, wiien 296 499 

Who may use 296 501 

Managemen of 295 495 

Removal of 299 515 

Report of 299 515 

Salary of 299 513 

Assistants, of 299 513 

Janitors, of 299 513 

State Hoard of Education controls 295 495 

Term of office 295 497 

STATE SUP RINTENDENT OF PUBLIOINSTRUCTION 

Appeals to 199 217 

Apportionment, prints statement of 143 129 

Where liled 143 129 

Balance of. duty as to 145 132 

Revenue of, makes 141-143 123-148 

Appropriation for, annual 48 11 

Attendance on business of office 48 11 

Blanks, prepares 51 18 

Books and papers of offii'c, keeps 48 11 

Del i vers to successor 52 21 

Book-keeping, forms for prepares 51 19 

Clerks of office ' 48 11 

Additional 49 1 

Correspondence, when reports 49 13 

Counties, must visit 49 13 

County Auditor's books, examines 50 14 

Defaulting, brings suit against 250 336 

School revenue, reports 141-142 124-127 

County Superintendent reports to 91 77, 78 

Duties, generally 48 11 

50 14 

Prescribed by law 47 8 

Election of 47 8 

48 9 



INDEX. 



403 



STATE SUPERINTENDENT OF PUBLIC INSTEUC- 

TION — Continued. page. 

Enumeration, reports to Governor 49 

Forms, prepares 51 

Funds, supervises 51 

Deficit in, duties as to 215 

Diminution of county, when 142 

Report to, as to divided township 221 

Report as to 49 

Suit for, may order 50 

General Assembly, reports to 49 

General superintendence of schools, has ^ 48 

Governor, reports to 49 

Instructions furnishes 51 

Lectures on schools, delivers 49 

Legislative documents, receives 52 

Libraries, furnishes books to 52 

Normal School is trustee of 251 

Oath of 48 

OflBce provided for 48 

Opinions, gives, on school law 48 

Can not be used as a defense 49 

Plans for schools proposed 49 

Prosecuting Attorney may direct 51 

Recommendations made 49 

Reports to 221 

224 

249 

51 

83 

91 

92 

110 

122 

141 

266 

From county officers, may require 51 

Reports to General Assembly 49 

Contents 49 

To Governor 49 

Contents 49 

Printing and distribution 49 

Revenue, apportions 49 

Reports as to 49 

Surpervises 51 

Salary of 48 

School books, duty as to 60 

66 
78 



SEC. 

12 

18 

16 

250 

127 

260 

12, 13 

16 

13 

11 

12 

18 

14 

21 

21 

338 

10 

11 

11 

13 

16 

13 

260 

270 

332 

17 

73 

77 

78 

90 

96 

124 to 127 

388 

17 

13 

13 

13 

13 

13 

13 

12, 13 

16 

32 
42 
64 



2, 3 



404 SOHOOl, LAW OF IMHANA 

STATE SrrEUlNTKNDKJvT OF riULlO INSPKUC- 

TION— Continuo,a. ■ r^uK. si5c\ notk. 

School laws, prints ami tlistribntos 8"J 71 

71 5:5 

(.^pinions, gives on 48 11 

School ottioors, ninst moot -li^ 1 - 

>SoluH>ls, n\anajjos Inisinoss of * 4S 11 

iScato Hoard of Kducation. duties as to 52 22 

State rnivorsitv reports to 206 SSS 

Is visitor of 2()0 oSS 

Statistics reports 49 18 

Suit may liring to protect scliool fiimls 51 It? 

Teachers, eonnsels with 49 IS 

Term of otlico 47 8 

AYhen hegins 48 10 

Traveling expenses of 50 15 

Appropriation for 50 15 

Visits each county biennially 50 14 

STA Tl ST KS-- 

Coiinty 8n[ierintendent reports, when 94 80 

Kind to he reported 95 .... 1 

l*ay for reporting 97 .... 4 

Supcrintenilent of rnhlic Instruction reports 49 13 

STATITK v>K l.lMirATlONS— 

1\h's not run against scliool funds 4t? ,,., 2 

Limitations. .vt>\ 

STUDY— 

Brnnchos taught, «*•. 

Ciuirso of study, sty. 

.\nthority of County Superintendent as to 93 .... 4 

ticneral .Vssemhly's power over 44 .... 7 

Hegnlated hy Trnstoos 93 4 

STATK rMVl^HSirV - 

Agricultural department in 268 S96 

Alumni, defined 261 S69 

Annual meetings of 262 371 

Nomination of Trustees by 262 S70 

Method of voting for 2(>2 S72 

Registering .'. 261 S69 

Appropriation for n^pealed 294 49i 

Bond to, now negotiahlo 257 S57 

Books fwm State Library to 26S 899 

Builditig ami ivpairs. Committee of 267 S94 

Catalogue, how printed 267 I 



INDEX. 405 



STATE UNIVEKSITY-Continued. page. sec. 

Colored pupils admitted to 264 

Donations to by city, etc 284 

Endowment tax for 256 355-360 

Establishment of 256 354 

Faculty of, lectures by 266 389 

Buildings cared for by 267 394 

Powers of 263 377 

Vacancies in 263 374 

Fund of, how derived 269 401 

Borrower of, abstract made by 271 410 

Accounts with 274 426 

State Auditor's warrant to 271 411 

Loan of 269 402 

274 427 

County Auditor makes now 284 467 

Interest on 270 406 

Judgment for 272 415 

Liens, certificates as to 271 409 

Limit as to 270 405 

Mortgage, to secure 270 403 

Form of 270 403 

Priority of 271 407 

Recording of .... 271 408 

Satisfaction of 271 4 1 1 

Note for, form of 270 404 

Payment of 271 412 

Eestrictions as to 270 405 

Unpaid, how collected 272 414 

State Auditor's pay for managing 275 430 

Can not loan now 281 468 

Treasurer's pay for managing 276 435 

Payments to 283 466 

271 412 

Receipt of 271 412 

Geological examinations 266 390 

Lands, how cared for 274 428 

Appraisement of 277 439-440 

Certificates of entry of 279 448 

Assignment of 279 448 

On cash sale 273 422 

Patent on 275 499 

Purchaser gets 278 446 

Record of 279 447 

County Auditor sells, when 277 441 

Lands, County Auditor's pay on sale 281 459 

Registers certificate 279 447 

Report by, as to 281 456 

County oflScers' duty as to 283 465 



NOTE. 

3 



40G SCHOOL LAW OF INDIANA 

STATE UNIVERSITY— Continued. ' page. sec. note. 

Lands, County Treasurer's pay for sales -SI 459 

Reports by, as to 281 457 

Extention of payment on 276 436 

Forfeiture prevented 276 437 

279 451 

In Ringold County. Iowa 280 1 

Money, how paid 275 432 

Notice of sale of 272 416 

277 442 

Patent issued, when 280 455 

Pay of commissioners 276 433 

Payment of State Treasurer 281 458 

Purchase by Auditor, when 273 418 

Purchaser secures against waste 280 453 

Recording and patents 276 434 

Redemption of 280 452 

Sale, place and manner of 278 442 

Certificate for deed 273 422 

Credit for interest, how 273 423 

Fees and damages 274 424 

Forfeited lands, of 276 438 

Mortgaged lands, of 272 417 

Overplus, disposition of 273 419 

Proceeds of 282 461 

Report of 282 462 

Re-sale by Auditor 273 418 

Statement of 273 420 

Terms of 278 444 

Trustee must attend 282 463 

Surplus to forfeiting purchaser 279 450 

Title to, how evidenced 279 448 

Reverts to State, when 279 449 

State in, without deed 273 421 

Trustee attends sale 282 463 

Lands, can not buy 283 464 

Unsold, subject to private entry 278 445 

Lease of 275 430 

Waste, liability for 280 454 

Mineralogical collection 266 390 

Normal department of 267 395 

Old University site, sale of 284 .... 2 

Private corporation, is 256 .... 1 

Proceeds of Seminary lands to 263 375 

Religious qualilications, none 264 378 

Report, annual, of trustees 267 392 

Printing of 266 391 

Superintendent Public Instruction, to 266 388 

Boles, students must obey 264 1 



INDEX. 



407 



STATE UNIVERSITY— Continued. page. 

Scholarships transferable 268 

Perpetual, fee for 268 

Secret societies, adopting rules as to 264 

Secretary, election of 259 

Duties of 265 

Sectarianism excluded , 264 

Sessions of, notice 267 

State Geologists aids museum 269 

Faculty belongs to 269 

Students from each county 264 

Notice to counties about 264 

Religious test not required 264 

Tuition free for 264 

Tax to endow 256 

293 

Treasurer, election of 259 

Bond of --64 

Duties of 265 

Trustees, Board of 259 

Allowances, make 263 

Alumni elect part 262 

First, who were 259 

Meetings, annual 263 

First, where held 260 

Pay of 260 

President of 259 

President State Board of Education 52 

Quorum of 268 

Report of , 279 

Terms 260 

Vacancies 260 

263 

"When elected 260 

Visitors, Board of 265 

Duties of 265 

Report as to absentees 265 

SUBROGATION— 

On void sale under mortgage 244 

247 
SUIT— 

Attorney-General may bring as to school funds 216 

Bond of Township Trustees, how brought upon 102 

City, how sued as to school matters 102 

Civil corporation, can not sue for school matters 105 

Congressional township fund for, how brought 248 

County Superintendent may sue Township Trustee 97 

To protect school fund 97 

Against for neglect as to enumeration 94 



SEC. 


NOTE. 


397 




398 






2 


361 




386 




379 




393 




400 




400 




380 




381 




378 




380 




355-357 




493-494 




;i6l 




382 




387 




361 




376 




370-372 




362 




373 




363 




365 




361 




22 




374 




392 




366-368 




364 




374 




366 




383 




385 




384 






12 




6 




3,6 




4 




7 




5 




1 




1 


84 




84 





408 



SCHOOL LAW OF INDIANA, 



215 
16 
78 
34 
87 



86 



16 



SUIT— Continued. page. i 

Ejectment for schoolhouse site, who brings 102' 

Foreclosure of mortgage 239 

242 

Deficiency, for 242 

How brought as to school matters 114 

197 213 

197 

Mortgage, to cancel 240 

238 
233 

Pleadings, must designate defendant 102 

Process in, how served 197 

Prosecuting Attorney brings 51 

Bight to bring not abridged 92 

School books, for pi-oceeds of sale 62 

School corporation may bring 104 

How brought for or against 104. 

School supplies, averments in pleadings as to 103 

School township may be sued 101 

May sue 101 

Settlement with county, when no bar to, by State 47 

State Superintendent may bring 51 

Summons, who served upon 105 

Teacher, to recover wages 109 

173 

Wrongful dismissal, for 199 

Taxes for schools, civil township not liable as to 102 

To set aside contract, for friend 118 

Town, how sued 102 

107 

Township Trustee may sue predecessor Ill 

Treasurer against predecessor 109 

Trustee against, by County Commissioners 112 

Enumeration, liability as to 93 

On bond for school books 68 

Predecessor, may sue 115 

Township debt can not be sued for 102 

SUMMONS- 

How served on school corporation 105 

197 
Suificiency, as to service 192 .... 

SUPPLIES— 

Delivery to Township Trustee, what is not 121 

Furniture, see. 

SUPERINTENDENT- 

Cities and towns of 122 95 

County Superintendent, see. 

State Superintendent of Public Instruction, see. 



91 
79 
46 



215 



o 

1, 2 

3 

4 

1,2 
4 
3 
4 
6 



3 
12 



11 

36 
2 

2 

9 

13 



14 
37 



17 

8 

11 



29 



INDEX. . 409 

SURPLUS REVENUE— page. sec. note. 

Common school fund belongs to 44 2 

212 248 
Fund, see. 

Revenue, see. 

SWAMP LAXD- 

Fund from belongs to common school fund 44 2 

213 248 
TARDINESS— 

Pupil may be detained for 119 18 

TAX— 

Annually levied 127 110 

Apportionment of State, as to 127 110 

Bank stock liable for 129 .... 4 

Bonds to complete school buildings 151 138 

Application of tax to 151 138 

Library, to pay for 194 205 

Civil township can not levy for schools 102 9 

Collection of special school 129 .... 5 

130 113 

Compulsory education, for 211 246 

Constitutional limit 129 6 

Corporations on, belong to school fund 44 2 

County Auditor assesses 130 113 

Treasurer collects 130 113 

Debts to pay 132 116 

Mandate to compel application of 132 .... 1 

Endowment tax for Pui'due University 293 493 

For State Normal 293 493 

For State University 293 i93 

Exemption on certain 128 112 

Expenses of schools, for 128 112 

General Assembly does not levy 44 .... 6 

Kindergartens, to support 123 97 

Lands mortgaged, is liable to 237 .... 4 

Library, private, to aid 189 197 

195 211 

196 212 

Amount of 190 198 

Collection 190 198 

Lien of, subject to school fund mortgage 239 .... 2 

237 .... 3 

Local tuition, anticipating 132 , 1 

Collection 113 114 

Constitutional, is 131 .... 2 

Estimate of amount needed 131 114 

How expended , 131 115 

Transfers, liable to 132 2 



410 SCHOOL LAW OF INDIANA. 

TAX— Continued. fage. 

Local tuition, unexpended balance deducted 131 

Who levies 131 

Levy, by State 127 

General Assembly does not make 44 

Manual training school, to support 161 

Mortgage for school fund, superior to 246 

247 

Penalty concerning does not belong to school fund 215 

Petition to levy tax to complete school house, not neces- 
sary 150 

Poll tax 127 

130 

School Commissioners may levy for schools 191 

For support of library 191 

Quietus as to 193 

Receipt of receives 192 

Report as to 192 

School revenue for tuition fund 127 

Special school, collection of 129 

County Auditor places on tax duplicate 130 

Levy for school house and apparatus 128 

132 

Paid to School Trustees 130 

Valid 129 

AVho levies 129 

Town, levy for school houses 133 

For school tuition 133 

Transfers liable to 152 

130 
139 

Failure to pay forfeits rights to schools 139 

For bond tax levy 151 

How entered on tax duplicate 138 

How taxed 1 38 

139 

Uniform, must be 128 111 

What is 129 



TAX TITLE— 

Subject to school fund mortgage 237 

239 

TEACHERS— 

Abolition of school does not annul contract with 109 

Alcohol and narcotics, effect of, must teach 167 

Dismissal for refusing to teach 168 

Appeal concerning dismissal of 198 

Assaulting, what is 179 

Bible, can not be compelled to use 162 



SEC. NOTE. 


114 






1 


110 






6 


153 






2 


.... 


5 


.... 


14 




5 


110 




114 




201 




201 




203 




202 




202 




110 






4 


113 




112 




116 




113 






1 


....2, 


,3,7 


117 




117 






3,4 




1 


120 




120 




138 






6 


• • • • 


7 





3 


... 


2 




32 


161 




163 




216 





INDEX. 



411 



TEACHEKS— Continued. page. 

Blank, in contract with, filling by oral evidence 173 

Contagious disease does not deprive of salary 120 

Contract, complaint to enforce, sufficiency 109 

Must not contravene the law 175 

Must be with school corporation 117 

Signing 109 

174 

Verbal, is valid 117 

Corporal punishment, may inflict 178 

De facto board or trustee may employ 108 

109 
175 

Dismissal by abolishing department, illegal 175 

Can not be except for cause 174 

In cities and towns 1 75 

Improper, school corporation liable 174 

173 

Injunction to prevent 176 

On petition 173 

For cause only 173 

Notice of, must be given 173 

Refusal to teach effect of alcohol 168 

Employment of 173 

116 

What is sufficient as to 175 

When must be given 176 

Who shall not be employed 173 

Epidemic, entitled to pay during 175 

Examination 87 

Exemption from, when 88 

89 

How conducted 87 

Principals of high school 89 

Public, must be 91 

Special 176 

Studies in 87 

When held 91 

Holidays, entitled to 175 

House for, must furnish 125 

Immorality, sufficient to revoke license 91 

Insulting, penalty 179 

Judgment for services, how satisfied 146 

173 

License, must have 173 

173 

Expiring during terms 173 

Length of 87 

Not having, employment, trustee liable 175 



NOTE. 

2,3 

19 

36 

9 

6 

31 

3 

6 

3 

28 

35 

11 

13 

5 

7 

5 

2 

15 



171 
171 
171 
163 
171 



172 
171 

74 
74 

74 



12 



10 



76 




74 






1 




6 




1 




3 


178 






2 




2 


171 






1 


171 




74 





412 SCHOOL LAW OF INDIANA. 

TEACHERS— Continued. page. 

License, professional, examination for 5-i 

Refusing, when County Superintendent liable 89 

Revocation of 90 

Practice 90 

Special 167 

State, issuance of 54 

Examination for 54 

Fee for 54 

Old trustee can not employ 176 

Old law as to 109 

Patrons can not select 117 

Pay, lack of funds no defense to suit for 173 

None until makes report 121 

Sufficiency of complaint to recover 176 

When forfeited 173 

Principals of High Schools, examination of 89 

Protest against, effect 174 

Sufficiency of " 174 

Pupil, power to discipline 177 

Report, must make 1 24 

Contents of 1 24 

Failure to make, part jDay only 124 

Private school, as to, when to be made 180 

Suit for pay, proof as to 124 

Resignation of 1 17 

Rules, may adopt 109 

Slander as to, what is 1 76 

State Board of Education issues State certificate to ... . 54 

Fee for 54 

Signed by whom 54 

Subjects examined on 54 

Who entitled to 54 

State Superintendent confers with 50 

Suit by, how brings for wages 173 

For dismissal, may bring 199 

Proof as to making report : 124 

Term of employment, when begins 176 

Trustee not liable for pay of 146 

Who can not be employed 173 

TEACHERS' INSTITUTE— 

County Superintendent encourages 92 . 78 

Institutes, see. 

TERMS— 

Length of school 164 156 

Uniform, must be 163 155 

TEXT BOOKS- 

School books, see. 



SEC. 


NOTE. 




2 




. 3 


75 






1 




4 


24 






1 


24 




172 






30 




2 




2 


102 






2 


171 






7 




4 




4 




1 


102 




102 




102 




ISO 






2 




8 




23 




16 


24 




24 




24 






1 


24- 




14 






2 




2 




2 


172 






3 


171 





INDEX. 



413 



TIE VOTE- PAGE. 

County Auditor gives casting, when 85 

TITLE— 

.Joint district, how held for school property 184 

Joint graded school, how held for property of 122 

122 
TOWN— 

Abandonment, township trustee takes charge of 117 

Bonds for buildings, may sell 148 

District school meetings, does not have 169 

Dog Fund, entitled to a part of HS 

Incorporating, entitled to school house 180 

To a division of School Fund 104 

117 

Joint graded schools in 122 

Library, see. 

Name of 104 

Pupils outside may attend 151 

School corporation is 104 

School revenue, surplus in 123 

School town, see. 

School Trustees, election of 105 

Oath of 106 

Organization of 106 

Pay of 106 

How paid 106 

Eeoj\ganization of 106 

School Board constitutes 106 

Vacancy in board 106 

Suit against, how brought 107 

How brings ] 97 

197 

Costs of, when not recoverable 197 

May bring 104 

Superintendent for, employment of 122 

Duties 122 

Old board can not employ 117 

Salary of 122 

Truant officers, duty as to 209 

Tax to complete school houses 133 

For schools 133 

Township revenue, entitled to a part of, when 147 

Township Trustee, when assumes control of 109 

Trustees, see. 

Bonds, gives 106 

Election of 106 

105 

Fined for not reporting 126 



SEC. 


NOTE. 


73 






1 


96 






1 




4 


136 






1 




1 




2 




4 




24 



96 

138 

87 
100 



88 



213 

214 
87 
95 
95 

95 
239 
117 
117 



1,2 



88 
104 



414 



SCHOOL LAW OF INDIANA. 



ss 



88 



88 

89 

186 

186 

186-188 

188 



86 



1 to4 

4 

9 

14 

1 



TOWN— Continued. page. sec. notb. 

Trustees, otSce of lucrative 107 6 

President of Board of 106 

Resignations of 106 

Secretary of Board of 106 

Township Trustee may be elected member of Board 

of 106 

Treasurer of Board of 106 

When not to be elected 109 

Unincorporated, bequest to aid 184 

Bonds for 184 

Petition for 1 84 

Sale of 185 

TOWNSHIPS— 

Civil township, see. 

Contract of, validity of 203 

Corporation, is 101 

Incorporating town within, school house belongs to. . . . 104 

Judicial notice not taken of 105 

Liability for supplies 114 

Name of 104 

Promissory note, see. 

School corporation is 104 

Who trustee of 104 

Suit, how brings 197 

197 
101 

Costs of, when not recoverable 197 

May be sued 101 

104 
Town incorporating entitled to part of revenue of .... . 115 

TOWNSHIP INSTITUTES— 

County Superintendent visits 92 

Institute, see. 

TOWNSHIP ORDERS- 

Consideration, none, order void 103 

Conspiracy to issue, avoids 103 

Promissory note, see. 

TOWNSHIP TRUSTEE— 

Accounts of open to inspection 127 107 

Correction of 127 

Keeps 112 

Reports as to 112 

Approval, effect 112 

Contents of 112 

Filed with County Superintendent 112 



87 

87 

213 

86 
214 

86 



78 



1,3 



24 



16 
15 



108 
109 
91 
91 
91 
91 
91 



INDEX. 



415 



TOWNSHIP TEUSTEE— Continued. page. 

Advances, making, may recover, when 115 

Annual statement of receipts and expenditures. ....... 116 

Appeal from 198 

Apparatus, purchases for schools 116 

Auditing board, see. 

Bond of, approved by County Auditor 110 

Borrowed money does not cover 110 

Covers both civil and school township funds Ill 

How sued on 102 

Borrowing money, can not 113 

114 

Townsliip receiving benefit of 113 

Bribing, what is 120 

Cash, advancing to teachers, allowance for 175 

Contracts, can not make witli himself 117 

Funds on hand, can not borrow 204 

What are 203 

Notice of power to make 105 

Power to bind township 103 

Township, when liable for 204 

Course of study in schools, controls 93 

County Board of Education, member of 98 

Debt, power to incur 202 

County Commissioners' order for 202 

Effect of obtaining 202 

203 

Petition to incur 202 

To improve land, can not incur 219 

Deed, executes for annexed school house 182 

Must secure, when 179 

De facto officer, who is 107 

Contracts of binding 1 04 

108 
115 

Directors, appoints, when 168 

Discretion of, not reviewed 121 

District may abolish 119 

120 

Duties to schools, generally 116 

Educational affairs of township, takes charge of 116 

Election of, when held 201 

Election of County Superintendent, adjournment with- 
out 85 

Mandamus to compel 85 

Meeting to hold 85 

Present and not voting 86 

Quorum for 85 

Eligibility of Ill 



SEC. 

93 

216 

94 

90 



NOTE. 
18 



1 

13 

4 

7,9 

12 

8 

24 

14 

5 

8 

4 

10 

11 

6 

4 



85 
224 
224 



1 
lto4 



225 

182 
179 



164 



94 

94 

222 



19 
28 
21 

26 
17 
25 



3 
3 
3 
16 
2 



416 



SCllOOl- LAW OF INDIANA, 



TOWNSHIP TRUSTER— (\nuiniuHl. page. 

Emhozzlomont as to school books 6;> 

150 

75 

Enumoration takes loo 

AtUdavit as to 14' > 

Failini;' to mako, liable for cost of i'o 

Reports to County Superintendent as to 140 

Fine for failing to serve 1-0 

Furniture, provides 1 lli 

Crradeil sehools, may establish 1 U» 

Admission to 1U> 

Joint in cities and towns \'2'2 

House, has elrarge of 110 

Illevial issue of warrant, liable for -07 

Judicial notice taken ot powers of 104 

Justice of the Peace can nut be 108 

Land, congressitHial, has charge of 11<> 

Duties as to -17 

Leasing scUool lands without vote, can not 2\9 

Liability and suit against Ill 

For townsliip debt 102 

Library, ,s(<. 

Annual report of additions 125 

Mandamus against to compel delivery of records U>7 

To compel election of County Superintendent 107 

Mistake, not liable for, when 110 

Money, of township, title to, has 110 

Interest on, when not entitled to 110 

When not a conversion of 110 

ISTeglect of duties, liability for 120 

Notice of days for business 203 

Office of is lucrat i ve Ill 

May be abolished 107 

Over pay nicnts, recovery Ill 

115 

Powers 117 

Property of schools, has cliarge of HO 

Receipt of school books acknowledges 6^ 

Refunding to, act as to void 115 

Reports to County Superintendent of receipt of school 
books t)6 

Of sales of school books 6l) 

74 

To State Superintendent 51 

Of warrants issued 204 

Rook for, procures 204 

Kt'port, when makes 125 

Contents of 125 



SKO. NOTE. 

o8 

40 

Gl 
118 
121 

70 
121 
10t5 

94 

94 

94 

00 



234 



04 

252-2i)5 

01 



103 



42 
42 

58 
17 

227 
103 
103 



15 

18 
17 



12 
12 

18 



105 




200 






10 




10 




7 




18 




1 


94 




42 





INDEX. 417 

TOWNSHIP TRUSTEE— Continued. • page. sec. note. 

Keport, failure to make, penalty 126 1 04 

Files with County Superintendent Ill 91-10o 

Teachers make to 124 1 02 

Requisitions for school books makes 65 41 

Limit of 65 41 

Scaling down 65 41 

Resignations, filling vacancies Ill .... 6 

Revenue for tuition, duties to 115 92 

Former acts legalized 124 101 

Manages Ill 91 

Receives Ill 91 

Rules, may adopt 108 22 

School books, cares for 70 51 

Damaged returned 71 51 

Notifies County Superintendent as to 71 51 

Duty as to price marks 71 52 

Failure to perform duty as to 75 60 

Judgment for 75, 60 

Liable for, when 66 42 

Money for, receives 61 33 

Note in payment, can not give 66 42 

Over purchase of 71 51 

Pays for, when 66 42 

How 66 42 

Personally liable for 60 32 

Receipt for, gives 60 32 

Reports sales to dealers 73 56 

Makes quarterly 61 33 

Takes charge of 60 32 

School houses, see. 

Numbers 163 155 

Schools, locates 116 94 

School lands, has charge of 217 252 

Income from, reports 217 252 

Leasing by 218 253 

Can not without vote 219 .... 2 

Petition for sale of 233 293 

Powers as to 222 262 

Purchaser enjoined by 224 270 

Rents of, liable on bond for 218 .... 1 

School section managed by 219 254 

Vote as to sale of, certifies 223 267 

Special tax for schools, levies 129 2, 3, 4 

Statements, yearly, must make 116 93 

Sues predecessors Ill 14 

Suits against by County Superintendent 93 79 

Tax, annual levy makes 130 114 

Special levy, to pay debts , 132 116 

27— SoH. Law. 



418 



SCHOOL LAW OF INDIANA. 



TOWNSHIP TRUSTEE— Continued. page. 

Teachers, employs 116 

Not liable to for pay 146 

Terms of office ; 201 

To fill vacancy 110 

Towns or cities, extension of 107 

Abandoning organization 117 

Assumes control of schools, when 109 

Township Trustee is School Trustee 104 

Transfers, makes 137 

Tuition, misapplying, liability 116 

Vacancy in office, how filled 202 

110 
110 

Term of Ill 

TEANSFEES— 

Adjoining corporations to, only 138 

139 

Annually must be made as to . . . 137 

Appeal concerning 198 

On refusal to make 139 

When decision on is final 139 

Better accommodations, what are 138 

Bond tax, liable for 151 

Corporations to which transfer is made must receive. . . 139 

County Auditor's duty as to 138 

Enumeration of persons transferred 134 

Forfeiture of rights to take 139 

Land of taxable 139 

Law as to taxation of land is valid 152 

Eequest for necessary 137 

139 

Taxing person and property transferred 138 

■ 139 
140 
152 

Amount of 139 

Failure to pay, forfeiture of right 139 

130 

Law as to valid 115 

140 

When not liahle for 152 

To what corporation 138 

When can not be disputed 139 

When must be made 137 

137 
TRAVELING EXPENSES— 

Appropriation for 50 



SEC. NOTE. 

94 



222 



87 
119 

223 

90 



216 



138 



118 
120 



119 



120 
120 



138 



119 



15 



5 
13 

4 



4 
1 
1 

13 

13 



10 
6 



8 
1 

12 

7 

8 

4 

3,4 



4 
12 



INDEX. 419 

TRIAL PAGE. SEC. NOTE. 

On Jippeal from Township Trustee 198 216 

On appeal from County Superintendent 199 217 

How conducted 200 2 

TRUANT OFFICER— 

Appointment for county 209 239 

For city or town 210 240 

Report as to ; 210 24.'> 

Duties of 209 239 

Pay of, for services 210 241 

Truancy, notice of, gives 209 239 

TRUSTEES, SCHOOL BOARD— 

Accounts, must keep Ill 91 

Acts as a unit 107 14 

Two acting together, majoriiy 108 .... 25 

Bond of 105 88 

Approval of, by County Auditor 110 90 

City, bonds ( official ) give 106 88 

City Clerk may be 108 

De facto, old, holding over, when not Ill 

May make contracts 109 

Defalcation, only one making liable 108 

Election of 105 

How elected 105 

Irregularity as to, acquiescence in 108 

Time of 106 

Majority of, can only bind board 108 

109 

Meetings of 106 

Number of, needed 60 

Names reported to State Superintendent 110 

Oath of 106 

Office of, is lucrative 107 

Old board, acts of, binding on 107 

109 

Organization of 106 88 

Bonds of 106 88 

Pay of 106 88 

How paid 106 88 

President of 106 88 

Reorganization of, when to be made 106 88 

Report to County Commissioners Ill 91 

Resignations of 106 .... 

Revenue, special, manages Ill 91 

School Board, of city, becomes 106 88 

Secretary of 106 88 

Superintendent may employ 122 95 

Terms of 105 8S 





20 




9 




35 




27 


88 




88 






29 




2 




18 




33 


88 




32 




90 




88 






6 




11 




30 



420 SCHOOL LAW OF INDIANA. 

TEUSTEES, SCHOOL BOAED— Continued. page. sec. 

City, treasurer of 106 88 

Bond of 106 88 

Vacancy in 106 88 

When elected 105 88 

Town, bonds gives . : 166 88 

Election of 105 88 

Time of 106 

When not held 109 89 

Oath of 106 88 

Office of, lucrative 107 .... 

Organization of 106 88 

Pay of 106 88 

How paid 106 88 

President of 106 88 

Eeorganization of 106 88 

Eesignation of 106 .... 

School board constitutes 106 88 

Secretary of 106 88 

Town trustee may become school town trustee 106 .... 

Treasurer of 106 88 

Bond of 106 88 

Vacancy in board 106 88 

Township Trustee, see. 

TUITION— 

Free, must be 43 1 

Fund of, what consists of 213 248 

Local, how expended 131 115 

Anticipating . 132 .... 

Not apportioned by County Auditor 146 133 

Transferred persons subject to 132 .... 

Eeveuue, see. 

Tax for 130 114 

Collection 131 114 

Estimate of amount i)f 131 114 

Unexpended balances deducted 131 114 

When must be expended 169 165 

UNIFOEM— 

Schools must be, how secured 43 1 

43 

In time, must be 163 155 

163 

Taxes for schools, must be 128 111 

What is uniformity in 129 .... 

VACANCIES— 

Township Trustee's office, how filled 110 89 

110 

202 223 

■ Term of. .....> 110 



INDEX. 421 

VACCINATION— page. sec. note. 

School trustees may require 106 .... 4 

VOTERS— 

At district school meetings 168 .... 1 

169 .... 8 

169 165 

Married women are not 169 115 

VOUCHERS— 

Trustee must file with report 112 91 

WILL— 

School township may take devise by 102 .... 3 

WARRANT— 

Acceptance considered as full payment of claim 207 231-232 

Auditing Board, see. 

Illegally issuing, Township Trustee liable for 207 234 

Township Trustee to keep record of 204 227 

WOMEN— 

Married, eligible to school office 200 219 

Official bond, can give 201 220 

Voters at school district meeting, are not 16^ 115 



i\^ f 401 



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